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 West Virginia, the crime of burglary is defined under West Virginia Code §61-3-11. The state has indeed broadened the traditional definition of burglary. According to this statute, a person is guilty of burglary if they enter a dwelling or any building with the intent to commit a crime therein, unless the premises are at the time open to the public or the actor is licensed or privileged to enter. It is not necessary for the entry to be forcible; even entering without breaking is sufficient if done unlawfully and with criminal intent. Additionally, West Virginia has separate statutes for related offenses such as entering without breaking (WV Code §61-3-12) and breaking and entering other structures like railroad cars, motor vehicles, or aircraft (WV Code §61-3-13). These laws reflect the state's approach to addressing various forms of property crime and unauthorized entry, whether or not force is used.