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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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  • BURGLARY - Iowa Legislature
    Any person who possesses any key, tool, instrument, device or any explosive, with the intent to use it in the perpetration of a burglary, commits an aggravated misdemeanor
  • 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
  • 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
  • Des Moines Criminal Defense Attorneys | Theft And Burglary Defense . . .
    Under the Iowa Code, theft, often called larceny, involves taking someone else’s property with the intent to keep it permanently On the other hand, burglary occurs when someone unlawfully enters a building or vehicle with the intent to commit a crime, typically theft
  • 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
  • FBI — Burglary
    The FBI’s Uniform Crime Reporting (UCR) Program defines burglary as the unlawful entry of a structure to commit a felony or theft To classify an offense as a burglary, the use of force to gain
  • Burglary - Definition, Elements, Degrees and Examples
    Burglary Defined and Explained with Examples Burglary is unlawful entry into a building without permission, and with the intent to commit a crime
  • Burglary legal definition of burglary
    Originally under English Common Law burglary was limited to entry in residences at night, but it has been expanded to all criminal entries into any building, or even into a vehicle





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