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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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  • § 459 PC - Burglary - Law Penalties in California
    California Penal Code § 459 PC prohibits burglary, which is entering a residential or commercial structure (or a locked vehicle) with the intent to commit grand larceny, petit larceny, or any felony offense
  • 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
  • California Burglary Laws - 2025 California Penal Code, TITLE 13, PART 1 . . .
    California may have more current or accurate information We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site Please check official sources
  • California Code, Penal Code - PEN § 459 - 459 | FindLaw
    A house, trailer, vessel designed for habitation, or portion of a building is currently being used for dwelling purposes if, at the time of the burglary, it was not occupied solely because a natural or other disaster caused the occupants to leave the premises
  • Sacramento Burglary Laws and Penalties - Foos Gavin Law
    In simplest terms, burglary (which is also known as breaking and entering) is a crime that involves the illegal entry into a building, home or other similarly secure area In that regard, burglary is more closely associated with the crime of trespassing, which is a misdemeanor
  • 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
  • What Is Burglary? - Nolo
    Burglary requires an unauthorized entry (or presence—discussed next) in a building or structure Examples of unauthorized entry include picking a lock, kicking down a door, or breaking a window to get inside
  • burglary | Wex | US Law | LII Legal Information Institute
    In some jurisdictions, this crime must be a felony to sustain a burglary charge 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
  • California Burglary Law - Penal Code Section 459
    Under California Penal Code Section 459, burglary is the act of entering a structure (residential, commercial, or any other type of property) with the intent to commit grand larceny, petit larceny, or any other felony
  • 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





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