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 Montana, burglary is defined under Montana Code Annotated (MCA) 45-6-204. The state's definition of burglary has indeed been broadened from the historical concept of 'breaking and entering.' In Montana, a person commits the offense of burglary if they knowingly enter or remain unlawfully in an occupied structure with the purpose to commit an offense therein. The term 'occupied structure' is broadly defined and does not require breaking or forceful entry; it can include any building, vehicle, or other place suitable for human occupancy. The intent to commit a crime inside the structure is a key element of burglary. Additionally, Montana law also addresses criminal trespass (MCA 45-6-203) and makes it an offense to knowingly enter or remain unlawfully on the property of another. While Montana does not have a distinct offense titled 'breaking and entering,' the elements of such acts are generally encompassed within its burglary and criminal trespass statutes. For specific offenses related to forcible entry into automobiles, safes, ATMs, parking meters, or vending machines, one would need to refer to the relevant sections of the MCA that deal with theft, criminal mischief, or related property crimes.