Burglary
Burglary, also called breaking and entering (B&E)[1] and housebreaking,[2][3] is the act of illegally entering a building or other areas without permission, typically with the intention of committing a further criminal offence. Usually that offence is theft, larceny, robbery, or murder, but most jurisdictions include others within the ambit of burglary. To commit burglary is to burgle,[4] a term back-formed from the word burglar, or to burglarize.[5][4]
"Burglar" redirects here. For other uses, see Burglar (disambiguation).Etymology[edit]
Sir Edward Coke (1552–1634) explains at the start of Chapter 14 in the third part of Institutes of the Lawes of England (pub. 1644), that the word Burglar ("or the person that committeth burglary"), is derived from the words burgh and laron, meaning house-thieves. A note indicates he relies on the Brooke's case for this definition.
According to one textbook, the etymology originates from Anglo-Saxon or Old English, one of the Germanic languages. (Perhaps paraphrasing Sir Edward Coke:) "The word burglar comes from the two German words burg, meaning "house", and laron, meaning "thief" (literally "house thief")."[6]
Another suggested etymology is from the later Latin word burgare, "to break open" or "to commit burglary", from burgus, meaning "fortress" or "castle", with the word then passing through French and Middle English, with influence from the Latin latro, "thief".[7] The British verb "burgle" is a late back-formation.[8]
History[edit]
Ancient references to breaking into a house can be found in the Code of Hammurabi (no. 21[9]) and the Torah (Exodus 22:2[10]).
Sir Edward Coke, in chapter 14 of the third part of the Institutes of the Lawes of England, describes the felony of Burglary and explains the various elements of the offence. He distinguished this from housebreaking because the night aggravated the offence since the night time was when man was at rest. He also described the night as the time when the countenance of a man could not be discerned.
In Pleas of the Crown. A Methodical Summary, Sir Matthew Hale classifies Burglary and Arson as offences "against the dwelling or habitation".
In chapter 16 of the fourth book of the Commentaries on the Laws of England, Sir William Blackstone observes that Burglary "... has always been looked on as a very heinous offence: not only because of the abundant terror that it naturally carries with it, but also as it is a forcible invasion of that right of habitation..."
During the 19th Century, English politicians turned their minds to codifying English law. In 1826, Sir Robert Peel was able to achieve some long advocated reforms by codifying offences concerning larceny and other property offences as well as offences against the person.[11][12] Further reforms followed in 1861. Colonial legislatures generally adopted the English reforms. However, while further Criminal Code reforms failed to progress through the English parliament during the 1880s, other colonies, including Canada, India, New Zealand and various Australian states codified their criminal law.[13]
New Zealand[edit]
In New Zealand, burglary is a statute offence under section 231 of the Crimes Act 1961. Originally this was a codification of the common law offence, though from October 2004 the break element was removed from the definition and entry into the building (or ship), or a part of it, now only needed to be unauthorised. The definition of a building is very broad to cover all forms of dwelling, including an enclosed yard. Unauthorised entry onto agricultural land with intent to commit an imprisonable offence (section 231A) was added in March 2019 as a burglary type offence.
Sweden[edit]
In Sweden, burglary does not exist as an offence in itself; instead, there are two available offences. If a person simply breaks into any premise, they are technically guilty of either unlawful intrusion (olaga intrång) or breach of domiciliary peace (hemfridsbrott), depending on the premise in question. Breach of domiciliary peace is applicable only when people "unlawfully intrude or remain where others have their living quarters".[23] The only punishments available for any of these offences are fines, unless the offences are considered gross. In such cases, the maximum punishment is two years' imprisonment.
However, if the person who has forced themself into a house steals anything ("takes what belongs to another with intent to acquire it"), they are guilty of (ordinary) theft (stöld). However, the section regarding gross theft (Chapter 6, 4s of the Penal Code, grov stöld) states "in assessing whether the crime is gross, special consideration shall be given to whether the unlawful appropriation took place after intrusion into a dwelling."[23] For theft, the punishment is imprisonment of at most two years, while gross theft carries a punishment of between six months and six years.
Protection against burglars[edit]
Protection of property against burglars can include defenses such as anti-climb paint, safety and security window film, lock and key, and burglar alarms. Dogs of any size can warn residents through loud barking, with larger dogs or multiple medium-to-small dogs posing a threat of severe injury to an intruder.[56] Self-defense is also an option in some jurisdictions.[57]
Statistics[edit]
Classifications[edit]
The March 2015 version (1.0) of the International Classification of Crime for Statistical Purposes (ICCS) [58] classifies burglary under section 0501, a subsection of section 05 "Act against property only" (Category 05 at level 1).
In the US, the FBI Uniform Crime Reports classify burglary as a distinct Part 1 index crime.
The Australian and New Zealand Standard Offence Classification (ANZSOC)[59] has a separate top level division (Division 07) for "Unlawful entry with intent/burglary, break and enter".
Burglaries by country[edit]
The UNODC notes "that when using the figures, any cross-national comparisons should be conducted with caution because of the differences that exist between the legal definitions of offences in countries, or the different methods of offence counting and recording". Also, not every crime is reported and the rate of reported crimes may vary by countries.
Evidence from the United States suggests that burglary has declined steadily since 1980[60] which is mainly attributed to improved household security.[60]