How Is Burglary Defined if No Force Was Used to Enter a Property?

Burglary is generally defined as entering a building or structure with the intent to commit a crime, usually theft, once inside. While many people associate burglary with breaking and entering, the use of force to enter is not always required for a burglary charge. Burglary can occur without force if the entry is still unauthorized and the intent to commit a crime exists.

Burglary Without Force:

Legal Definition of Burglary:

Burglary does not necessarily require force to be used to gain entry into a property. The key components are:

• Unlawful entry into a property.
• Intent to commit a crime (e.g., theft, vandalism, or assault) once inside the property.

If a person enters without force, they could still be committing burglary if their intent is criminal. For example, entering through an unlocked door or open window with the intent to steal is still considered burglary.

Entry Without Force:

No force is used when an individual enters a property through means such as:

• Unlocked doors or windows.
• Trespassing through an open gate or door.
• Using a key, whether or not the key was legally obtained (e.g., entering with a duplicate key without the property owner’s permission).

The entry is still unauthorized, and the crime is still burglary because the individual has entered with the intent to commit a crime, even if no force is used to break in.

Distinction from Trespassing:

Trespassing involves entering or remaining on someone else's property without permission but without the intent to commit a crime. In contrast, burglary involves both unauthorized entry and criminal intent.

For instance, if a person walks into a neighbor’s house through an unlocked door with the intent to steal, it would be burglary. However, if they simply walk into the house to take a look, it would likely be considered trespassing (unless the intent to commit a crime is proven).

Examples of Burglary Without Force:

Example 1: A person enters a store at night through an unlocked door with the intent to steal money from the cash register. No force was used, but because they entered unlawfully with the intent to commit a crime, they can be charged with burglary.

Example 2: A person uses a stolen key to enter a house with the intent to steal property. Although the key was used without force, the entry is still unauthorized, and the intent is criminal, so this constitutes burglary.

Conclusion:

Burglary does not require the use of force to be committed. Unlawful entry, even without force, combined with the intent to commit a crime inside, is sufficient to classify the act as burglary. The law distinguishes burglary from trespassing by the presence of criminal intent and the purpose behind the entry. Therefore, even if a person enters through an unlocked door or window, it can still be considered burglary if the intention is to commit a crime once inside.