Quote:
Originally Posted by OrangeBlossomBaby
(Post 2375122)
That would be incorrect. "Breaking and entering" is a crime in and of itself.
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Depends on the jurisdiction. California has no such law. The applicable penal code is 459 - Burglary. In fact, using the magic search engine on "Breaking and Entering Florida" brings up this tidbit synopsis from the Roelke Law Firm in Jacksonville, FL:
"Breaking and entering is not a separate offense in Florida, but a commonplace term for acts of burglary that don't result in the commission of another offense. Technically, when you are facing a breaking and entering charge in Duval County or elsewhere in Florida, you are facing a burglary charge as defined in Fla."
According to Goldman Wetzel law firm in the Tampa area, burglary in Florida has similar elements to California's law:
"In Florida, the elements of burglary include entering a property and the intention to commit a crime there. In other words, a burglary offense occurs as soon as the offender enters a home, building or conveyance without permission and with the intent to commit a crime."
So again, just being in the house without any intent (which you would have to prove and/or demonstrate) is not burglary. If they suspect was inside and took a bottle of water from the fridge - yes, you have a burglary because you can prove the intent by the actual theft of the water. If the suspect breaks inside and falls asleep on the couch, you do not have a burglary, or trespassing, or any felony.
Breaking and entering is often not an actual crime, but is conflated or shorthand for "Burglary."
Robbery is also often conflated with burglary. People will say the store got robbed, or the bank was robbed, or my house got robbed. In fact, a place cannot get robbed. Robbery requires an actual person victim. The definition is usually something along the lines of: Robbery - the taking of property from on or about a person by the means of force or fear. You gotta have both, the taking from a person and the force/fear. A house cannot be in fear, and a house is not a person therefore houses are burglarized and people are robbed.