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 Maine, the crime of burglary is defined under Title 17-A, §401 of the Maine Criminal Code. Burglary involves entering or surreptitiously remaining in a place with the intent to commit a crime therein. The definition of burglary in Maine has been broadened from the traditional breaking and entering, and it does not necessarily require force to be considered burglary. The place entered can be a building, structure, or dwelling, and the intended crime can range from theft to assault. Additionally, Maine law recognizes separate offenses for breaking into vehicles, safes, and similar containers under different statutes, such as theft by unauthorized taking or transfer (Title 17-A, §353) and criminal mischief (Title 17-A, §806). These statutes address the unlawful entry into and damage to property, including automobiles and machines like ATMs or vending machines. It is important to note that the specific charges and penalties can vary based on the circumstances of the offense, such as the presence of a weapon or the time of day the burglary occurred.