breaking and entering. v., n. entering a residence or other enclosed property through the slightest amount of force (even pushing open a door), without authorization. If there is intent to commit a crime, this is burglary.
Yeah, I was reluctant to mention breaking and entering here because it depends on the state. In California, it would be burglary because they don't actually have a "breaking and entering" law. If you somehow entered through the window with no intent to commit further crime, I think it would be trespass, but I'm not sure.
I think the fact that it's surprising is an indication of a problem with the law. If people think that breaking and entering actually requires physically breaking something or disarming some security measure then that's probably what it should be.
It isn't breaking and entering if someone repeatedly trespasses somewhere (say, banned from a store) even if they change their clothes to avoid detection.
It might not be breaking & entering, but it's still trespassing, which is a crime.
No, breaking refers to the act of crossing the threshold. Some states may not even have breaking and entering on their books. Trespassing is where you violate signage or warning; verbal or written.
In the legal sense, you don't need to literally break something for it to be breaking in entering.
From the legal-dictionary [1]:
breaking and entering v., n. entering a residence or other enclosed property through the slightest amount of force (even pushing open a door), without authorization. If there is intent to commit a crime, this is burglary. If there is no such intent, the breaking and entering alone is probably at least illegal trespass, which is a misdemeanor crime.
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