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 North Carolina, the crime of burglary has indeed been broadened beyond the traditional definition of breaking and entering a dwelling at night with the intent to commit a felony. Under North Carolina General Statutes, burglary is classified into two degrees. First-degree burglary is committed when a person breaks and enters a dwelling when it is occupied, with the intent to commit a felony therein. Second-degree burglary is the same but occurs when the dwelling is not occupied. North Carolina also recognizes the separate offenses of breaking or entering buildings (NCGS § 14-54) and breaking or entering a motor vehicle (NCGS § 14-56), which cover the unlawful entry into various structures and vehicles with the intent to commit a crime, regardless of whether the crime is actually carried out. These statutes reflect the broader definition of burglary and related property crimes, which do not necessarily require breaking or nighttime as elements of the offense.