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 Georgia, burglary is defined under the Official Code of Georgia Annotated (O.C.G.A.) § 16-7-1. The state's definition of burglary has indeed been broadened from the traditional concept of 'breaking and entering' to include any unauthorized entry into a building, vehicle, railroad car, watercraft, aircraft, or other such structures with the intent to commit a felony or theft therein. Georgia law distinguishes between first degree burglary, which typically involves a dwelling house or residence, and second degree burglary, which applies to other types of structures. Additionally, Georgia has a separate statute for 'smash and grab' burglary (O.C.G.A. § 16-7-2), which involves the entry into a retail establishment with the intent to commit a theft and causing damage. While Georgia does not have a distinct offense titled 'breaking and entering,' the elements of such acts are encompassed within its burglary and related property crime laws. Forcible entry into an automobile or other specific property, such as a safe or vending machine, may be prosecuted under different statutes, such as O.C.G.A. § 16-8-18 for entering an automobile or O.C.G.A. § 16-8-2 for theft by taking, which can apply to unlawful entries with the intent to commit theft.