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 New Mexico, burglary is defined under NM Stat § 30-16-3 (2021) as the unauthorized entry into any dwelling or structure with the intent to commit any felony or theft therein, regardless of the time of day. This definition does encompass the traditional concept of 'breaking and entering' but does not require the actual breaking to occur. The law has indeed been broadened to include any unauthorized entry, which aligns with the trend in most states. New Mexico does not have a distinct criminal offense solely for breaking and entering without the intent to commit a further crime inside. However, other related offenses, such as criminal trespass, may apply to unauthorized entry without intent to commit a felony or theft. Forcible entry into vehicles or other secure objects like safes or ATMs could be prosecuted under different statutes, such as larceny or criminal damage to property, depending on the circumstances of the act.