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<blockquote data-quote="Old Man Jingles" data-source="post: 4488845" data-attributes="member: 18222">Thanks for supporting my position ... mighty White of you!Most states and the Model Penal Code use the same <a href="https://codes.findlaw.com/fl/title-xlvi-crimes/fl-st-sect-810-02.html" target="_blank">basic definition</a> of burglary, which is:<ol>
<li data-xf-list-type="ol">An unauthorized breaking and entry</li>
<li data-xf-list-type="ol">into a building or occupied structure</li>
<li data-xf-list-type="ol">with the intent to commit a crime inside.</li>
</ol>All of those elements must be present in order to convict a defendant of burglary.Usually, states require that the structure be capable of either housing people or animals, or sheltering property. Houses certainly qualify under this definition, as do their outlying structures, such as garages and sheds. Stores and office buildings also qualify.Breaking into a fenced-off area might not be sufficient, however, since such areas generally do not act as a shelter for people, animals, or property. For example, breaking into an amusement park&#039;s grounds after hours probably wouldn&#039;t meet the requirements for a charge of burglary, but breaking into a building inside the amusement park likely would.The structure must also be closed to the public at the time of the burglary. If a person enters a store during its normal retail hours and steals an item from the shelf, the person has committed a shoplifting crime, and not a burglary. If, on the other hand, the person waits until after the store has closed, picks the lock on the front door and steals the same item, then a burglary has occurred.</blockquote>

[QUOTE="Old Man Jingles, post: 4488845, member: 18222"] Thanks for supporting my position ... mighty White of you! Most states and the Model Penal Code use the same [URL='https://codes.findlaw.com/fl/title-xlvi-crimes/fl-st-sect-810-02.html']basic definition[/URL] of burglary, which is: [LIST=1] [*]An unauthorized breaking and entry [*]into a building or occupied structure [*]with the intent to commit a crime inside. [/LIST] [B][SIZE=7]All of those elements must be present[/SIZE][/B] in order to convict a defendant of burglary. Usually, states require that the structure be capable of either housing people or animals, or sheltering property. Houses certainly qualify under this definition, as do their outlying structures, such as garages and sheds. Stores and office buildings also qualify. Breaking into a fenced-off area might not be sufficient, however, since such areas generally do not act as a shelter for people, animals, or property. For example, breaking into an amusement park's grounds after hours probably wouldn't meet the requirements for a charge of burglary, but breaking into a building inside the amusement park likely would. The structure must also be closed to the public at the time of the burglary. If a person enters a store during its normal retail hours and steals an item from the shelf, the person has committed a shoplifting crime, and not a burglary. If, on the other hand, the person waits until after the store has closed, picks the lock on the front door and steals the same item, then a burglary has occurred. [/QUOTE]

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