BREAKING
breaking, n. Criminal law. In the law of burglary, the act of entering a building withoutpermission. [Cases: Burglary 9(1). C.J.S. Burglary ¡ì¡ì 11¨C12, 14¨C16, 20.]
¡°[T]o constitute a breaking at common law, there had to be the creation of a breach or opening; a mere trespass at law was insufficient. If the occupant of the dwelling had created the opening, it was felt that he had not entitled himself to the protection of the law, as he had not properly secured his dwelling…. In the modern American criminal codes, only seldom is there a requirement of a breaking. This is not to suggest, however, that elimination of this requirement has left the ¡®entry¡¯ element unadorned, so that any type of entry will suffice. Rather, at least some of what was encompassed within the common law ¡®breaking¡¯ element is reflected by other terms describing what kind of entry is necessary. The most common statutory term is ¡®unlawfully,¡¯ but some jurisdictions use other language, such as ¡®unauthorized,¡¯ by ¡®trespass,¡¯ ¡®without authority,¡¯ ¡®without consent,¡¯ or ¡®without privilege.¡¯ ¡± Wayne R. LaFave & Austin W. Scott Jr., Criminal Law ¡ì 8.13, at 793¨C94 (2d ed. 1986).
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