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 Ohio, the crime of burglary has indeed been broadened beyond the traditional definition of breaking and entering. Under Ohio law, specifically Ohio Revised Code Section 2911.12, burglary is defined as entering an occupied structure, such as a home or business, with the intent to commit a criminal offense within, without the permission of the owner or occupant. The structure does not need to be broken into for the offense to be considered burglary; unlawful entry with criminal intent suffices. Additionally, Ohio law also addresses the unlawful entry into vehicles and other property through separate statutes. For example, Ohio Revised Code Section 2911.11 covers the offense of aggravated burglary, which involves entering or remaining in an occupied structure with the intent to commit a criminal offense and involves the use or threat of force. Other related offenses, such as trespassing, may also apply to unauthorized entries without the intent to commit a further crime. It is important for individuals to consult with an attorney for specific legal advice and to understand the full scope of property crime laws in Ohio.
