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?

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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 12 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.


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