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Intent ? The suspect entering the structure or building must have the intent to commit a theft or felony at the exact moment of entering. There does not have to be a completed theft or felony, only the intent to commit one.
While both involve illegal entry to a property, burglary requires a criminal intent beyond the unlawful entry, whereas breaking and entering does not. Burglary and breaking and entering are both serious offenses characterized by unauthorized access to private property.
The following is a list of the minimum required crime elements for Burglary: ? Person knowingly enters or remains unlawfully (and) ? Building (and) ? Intent to commit crime therein. Is 'breaking and entering' into the building necessary? NO Opening an unlocked door or climbing through an open window is sufficient.
(a) A person is guilty of burglary in the first degree when (1) such person enters or remains unlawfully in a building with intent to commit a crime therein and is armed with explosives or a deadly weapon or dangerous instrument, or (2) such person enters or remains unlawfully in a building with intent to commit a ...
Burglary ? Penal Code 459 Although using force or fraud to gain entry into someone else's property with such intent is considered burglary, forced entry is not required in order to be charged with or convicted of burglary.
Merely reaching an arm into an open window counts as entering because the building's outer boundary was breached. Also note that you can get convicted of burglary even if you do not break into the residence or structure. Simply walking in through an unlocked door or open window would qualify.
Therefore, the term ?breaking and entering? is really an umbrella term that applies to several other crimes. One of these is burglary, which California Penal Code 459 defines as entering someone's property with the intent of committing a felony or theft once inside.