If burglary is entering a place with the intent to commit a crime, what if a person goes into a home and then after he is inside decides to steal something?

Get Legal Help Today

 Secured with SHA-256 Encryption

If burglary is entering a place with the intent to commit a crime, what if a person goes into a home and then after he is inside decides to steal something?

Is that still considered burglary?

Asked on April 28, 2012 under Criminal Law, Idaho

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The Common Law definition of burglary is the breaking and entering in the dwelling house of another at night with the intent to commit a felony therein.  State statutes have expanded this definition; for example to day or night and buildings other than a house such as a store, etc.

If there wasn't any breaking and entering and the person was given permission to enter the house and then decided to steal something, that would be larceny. not burglary.  Larceny is the trespassory taking and carrying awsy of the personal property of another with the intent to permanently deprive.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption