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<blockquote data-quote="Old Man Jingles" data-source="post: 4488857" data-attributes="member: 18222">A whole helluva lot better than you obviously!In order for a break-in to constitute a burglary, the perpetrator must have the mental intent to commit a crime inside the building. Usually, this crime is theft, but other crimes can render a break-in a burglary as well.The crime has to exist separately from the break-in itself. For example, if an individual uses fraud - which is a crime - to gain after-hours entrance to a building for the purpose of viewing a beautiful piece of art, no burglary has taken place since the only crime that occurred was the fraud used to gain entrance to the building. Of course, stealing the artwork would elevate the offense to one of burglary.The timing of the intent can be important when determining the degree of a burglary charge. For instance, if a person intended to commit the crime in question before breaking into the building, most states will consider this to be a burglary of the first degree (more serious). If the person broke into a building and only subsequently formed the intent to commit a crime, most states will classify the burglary as second degree.</blockquote>

[QUOTE="Old Man Jingles, post: 4488857, member: 18222"] A whole helluva lot better than you obviously! In order for a break-in to constitute a burglary, the perpetrator must have the mental intent to commit a crime inside the building. Usually, this crime is theft, but other crimes can render a break-in a burglary as well. [B]The crime has to exist [SIZE=6]separately[/SIZE] from the break-in itself.[/B] For example, if an individual uses fraud - which is a crime - to gain after-hours entrance to a building for the purpose of viewing a beautiful piece of art, no burglary has taken place since the only crime that occurred was the fraud used to gain entrance to the building. Of course, stealing the artwork would elevate the offense to one of burglary. The timing of the intent can be important when determining the degree of a burglary charge. For instance, if a person intended to commit the crime in question before breaking into the building, most states will consider this to be a burglary of the first degree (more serious). If the person broke into a building and only subsequently formed the intent to commit a crime, most states will classify the burglary as second degree. [/QUOTE]

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