The acts of breaking and entering a building were historically part of the definition of the crime of burglary. But most states have since broadened the definition of burglary to include any entry into a building without the permission of the owner and with the intent to commit a theft, assault, or other crime inside the building. But a few states still have a distinct criminal offense of breaking and entering a building.
And some states have a similar criminal offense of forcible and unlawful entry that make it a crime to force entry into an automobile, safe, ATM, parking meter, or vending machine.
Breaking and entering laws (and related property crime laws) are usually located in a state’s penal or criminal code (statutes).
In Alabama, burglary is defined under the Alabama Criminal Code (Section 13A-7-5 to 13A-7-7). The state's definition of burglary has indeed been broadened from the historical definition of merely breaking and entering. In Alabama, burglary involves unlawfully entering or remaining in a building with the intent to commit a crime therein, regardless of the time of day. The severity of the charge can vary from first to third degree, depending on factors such as whether the building is a dwelling, whether the perpetrator is armed, or whether the perpetrator causes physical injury to any person who is not a participant in the crime. Alabama does not have a distinct offense of breaking and entering; instead, such acts are typically prosecuted under the broader burglary statutes. Additionally, Alabama law criminalizes the unauthorized breaking and entering into a vehicle (Section 13A-8-11), which is considered a separate offense and is often referred to as 'breaking and entering a vehicle' or 'unlawful breaking and entering a vehicle.' This offense is similar to the concept of forcible and unlawful entry as applied to automobiles.