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burglary    音标拼音: [b'ɚglɚi]
n. 盗窃;夜盗罪

盗窃;夜盗罪

burglary
n 1: entering a building unlawfully with intent to commit a
felony or to steal valuable property

Burglary \Bur"gla*ry\, n.; pl. {Burglaries}. [Fr. {Burglar}; cf.
LL. burglaria.] (Law)
Breaking and entering the dwelling house of another, in the
nighttime, with intent to commit a felony therein, whether
the felonious purpose be accomplished or not. --Wharton.
--Burrill.
[1913 Webster]

Note: By statute law in some of the United States, burglary
includes the breaking with felonious intent into a
house by day as well as by night, and into other
buildings than dwelling houses. Various degrees of the
crime are established.
[1913 Webster]

19 Moby Thesaurus words for "burglary":
break-in, breaking and entering, burglarizing, caper, filch, grab,
heist, housebreaking, job, lift, pinch, rip-off, robbery,
safeblowing, safebreaking, safecracking, steal, theft,
unlawful entry

BURGLARY, crim. law. The breaking and entering the house of another in the
night time, with. intent to commit a felony therein, whether the felony be
actually committed or not. 3 Inst. 63; 1 Hale, 549; 1 Hawk. c. 38, s. 1; 4
Bl. Com. 224; 2 East, P. C. C. 15, s. 1, p. 484; 2 Russell on Cr. 2; Roscoe,
Cr. Ev. 252; Coxe, R. 441; 7 Mass. Rep. 247.
2. The circumstances to be considered are, 1. in what place the offence
can be committed; 2. at what time 3. by what means; 4. with what intention.
3.- 1. In what place a burglary can be committed. It must, in general,
be committed in a mansion house, actually occupied as a dwelling; but if it
be left by the owner animo revertendi, though no person resides in it in his
absence, it is still his mansion. Fost. 77; 3 Rawle, 207. The principal
question, at the present day, is what is to be deemed a dwelling-house. 1
Leach, 185; 2 Leach, 771; Id. 876; 3 Inst. 64; 1 Leach, 305; 1 Hale, 558;
Hawk. c. 38, s. 18; 1 Russ. on Cr. 16; 3 Berg. & Rawle, 199 4 John. R. 424 1
Nott & M'Cord, 583; 1 Hayw. 102, 242; Com. Dig. Justices, P 5; 2 East, P.
C. 504.
4. - 2. At what time it must be committed. The offence must be
committed in the night, for in the day time there can be no burglary. 4 Bl.
Com. 224. For this purpose, it is deemed night when by the light of the sun
a person cannot clearly discern the face or countenance of another 1 Hale,
550; 3 nst. 63. This rule, it is evident, does not apply to moonlight. 4
Bl. Com. 224; 2 Russ. on Cr. 32. The breaking and entering need not be done
the same night 1 Russ. & Ry. 417; but it is necessary the breaking and
entering should be in the night time, for if the breaking be in daylight and
the entry in the night, or vice versa, it will not be burglary. 1 Hale, 551;
2 Russ. on Cr. 32. Vide Com. Dig. Justices, P 2; 2 Chit. Cr. Law, 1092.
5.-3. The means used. There must be both a breaking and an entry.
First, of the breaking, which may be actual or constructive. An actual
breaking tal-,es place when the burglar breaks or removes ally part of, the
house, or the fastenings provided for it, with violence. Breaking a window,
taking a pane of glass out, by breaking or bending the nails, or other
fastenings, raising a latch where the door is not otherwise fastened;
picking open a lock with a false key; putting back the lock of a door or the
fastening of a window, with an instrument; turning the key when the door is
locked in the inside, or unloosening any other fastening which the owner has
provided, are several instances of actual breaking. According to the Scotch
law, entering a house by means of the true key, while in the door, or when
it had been stolen, is a breaking. Alis. Pr. Cr. Law, 284. Constructive
breakings occur when the burglar gams an entry by fraud, conspiracy or
threats. 2 Russ. on Cr. 22 Chit. Cr. Law, 1093. The breaking of an inner
door of the house will be sufficient to constitute a burglary. 1 Hale, 553.
Any, the least, entry, with the whole or any part of the body , hand, or
foot, or with any instrument or weapon, introduced for the purpose of
committing a felony, will be sufficient to constitute the offence. 3 Inst.
64; 4 Bl. Com. 227; Bac. Ab. Burglary, B Com. Dig. Justices, P 4. But the
introduction of an instrument, in the act of breaking the house, will not be
a sufficient entry, unless it be introduced for the purpose of committing a
felony.
6. - 4. The intention. The intent of the breaking and entry must be
felonious; if a felony however be committed, the act will be prima facie
evidence of an intent to commit it. If the breaking and entry be with an
intention to commit a bare trespass, and nothing further is done, the
offence will not be a burglary. 1 Hale, 560; East, P., C. 509, 514, 515; 2
Russ. on Cr. 33.


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  • Burglary - Wikipedia
    Burglary, also called breaking and entering (B E) [1] or housebreaking, [2] [3] is a property crime involving the illegal entry into a building or other area without permission, typically with the intention of committing a further criminal offence
  • Section 3502. 0 - Title 18 - CRIMES AND OFFENSES - PA General Assembly
    It is a defense to prosecution for burglary if any of the following exists at the time of the commission of the offense: (1) The building or structure was abandoned (2) The premises are open to the public
  • Texas Penal Code - PENAL § 30. 02. Burglary - FindLaw
    Texas Penal Code - PENAL § 30 02 Burglary Current as of January 01, 2024 | Updated by FindLaw Staff (a) A person commits an offense if, without the effective consent of the owner, the person:
  • Burglary - Definition, Elements, Degrees and Examples - Legal Dictionary
    Burglary is a crime defined as unlawful entry into a building or structure with the intent to commit a crime Physically breaking and entering is not a requirement for a person to be charged with burglary
  • BURGLARY Definition Meaning - Merriam-Webster
    The meaning of BURGLARY is the crime of entering a structure (such as a house or commercial building) with the intent to commit a felony (such as theft) How to use burglary in a sentence Frequently Asked Questions About burglary
  • BURGLARY | English meaning - Cambridge Dictionary
    BURGLARY definition: 1 the crime of illegally entering a building and stealing things 2 the crime of illegally… Learn more
  • burglary | Wex | US Law | LII Legal Information Institute
    In a Model Penal Code (MPC) jurisdiction, burglary is defined as entering a building or structure with the intent to commit a crime therein unless that building or structure is open to the public at the time Unlike in common law jurisdictions, burglary under the MPC does not require the offense to occur at night
  • Burglary Overview - FindLaw
    Burglary is typically defined as unlawful entry into a structure with the intent to commit a crime inside A classic example of burglary is breaking into a home to steal the resident’s property Burglary is not limited to a home or business
  • Is Burglary a Felony? What Constitutes Burglary?
    Typically, a person convicted of burglary intends to enter the building to steal something, but it's also burglary if the person enters with intent to commit felony assault or felony property damage Generally, the person must intend to commit a crime before or right at the point of entry
  • Burglary Laws | Criminal Law Center - Justia
    Burglary generally may be charged when someone enters a certain space without permission, intending to commit a crime inside it To get a burglary conviction, a prosecutor generally must prove that the defendant entered a certain enclosed space





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