Burglary , also called breaking and entering (B&E) and housebreaking , is the act of illegally entering a building or other areas without permission , typically with the intention of committing a further criminal offence. Usually that offence is theft , larceny , robbery , or murder , but most jurisdictions include others within the ambit of burglary. To commit burglary is to burgle , a term back-formed from the word burglar , or to burglarize .
66-471: [REDACTED] Look up fingo in Wiktionary, the free dictionary. Fingo may refer to: Fingo (charm) , a Norwegian folk charm supposed to deter burglary FinGO (company) , a mobile communications company Fingo fever , a disease of Victorian Australia Fingo (Mfengu) , a tribe of South Africa Fingo (talisman) , a protective charm of
132-436: A gender reveal party which utilized a smoke bomb which is categorized as unsafe pyrotechnics. The El Dorado fire burned over a 71-day period, destroyed 20 structures and resulted in one firefighter fatality, for which the couple hosting the party were charged with involuntary manslaughter . The Esperanza Fire ultimately resulted in the death of firefighter Charles "Charlie" Morton, who became trapped while attempting to fight
198-561: A weapon of war against civilians. From the 2021 Myanmar coup d'état to August 2022, military forces committed arson on 28,434 houses in the country. While the Scottish legal system has no offence known as arson statutorily defined, there are many offences that are used to charge those with acts that would normally constitute arson in other nations. Events constituting arson in English and Welsh law might be dealt with as one or more of
264-492: A building or automobile, or loitering unlawfully with intent to commit any crime, not necessarily a theft – for example, vandalism . Even if nothing is stolen in a burglary, the act is a statutory offense . Buildings can include hangars, sheds, barns, and coops; burglary of boats, aircraft, trucks, military equipment, and railway cars is possible. Burglary may be an element in crimes involving rape , arson , kidnapping , identity theft , or violation of civil rights ; indeed,
330-520: A conviction and penalty for wildfire arson. Some states, such as California, prosecute the lesser offense of " reckless burning " when the fire is set recklessly as opposed to willfully and maliciously. The study of the causes is the subject of fire investigation . A recent example of a reckless burning offense is the El Dorado fire which took place in 2020 in California. This fire was caused by
396-434: A dwelling with intent to commit a crime. Simple breaking and entering into a dwelling or storehouse without specific intent to commit an additional crime is fourth-degree burglary. This degree also includes two other offenses that do not have breaking and entering as an element: Being in or on the yard, garden, or other property of a storehouse or dwelling with the intent to commit theft, or possession of burglar's tools with
462-468: A felony or theft therein, he enters or remains within the dwelling house of another or any building, vehicle, railroad car, watercraft, or other such structure designed for use as the dwelling of another or enters or remains within any other building, railroad car, aircraft, or any room or any part thereof. A person convicted of the offense of burglary, for the first such offense, shall be punished by imprisonment for not less than one nor more than 20 years. For
528-458: A fine or to imprisonment for at most six months. However, if theft is committed during unlawful entering, then a person is guilty of theft or aggravated theft depending on the circumstances of the felony. Aggravated theft: (1) If in the theft and the theft is aggravated also when assessed as a whole, the offender shall be sentenced for aggravated theft to imprisonment for at least four months and at most four years. In New Zealand , burglary
594-733: A method of homicide, as was the case in California of Raymond Lee Oyler and in Texas of Cameron Todd Willingham . After the Great Chicago Fire in 1871, the United States started a National Fire Prevention Week in order to educate the people on ways to prevent fires, minimize their damages, and hopefully drastically decrease casualties. Fire Prevention Week campaigns includes various information on safe cooking practices pertaining to grilling, microwaving, and cooking on
660-425: A misdemeanor. Breaking and entering into a dwelling with intent to commit theft or a crime of violence is first-degree burglary. Breaking and entering into a "storehouse" (a structure other than a dwelling, also including watercraft, aircraft, railroad cars, and vessels) with intent to commit theft, arson, or a crime of violence is second-degree burglary. Third-degree burglary is defined as breaking and entering into
726-456: A residence and into a commercial building, with the burglary of a residence bearing heavier punishment. In states that continue to punish burglary more severely than housebreaking twilight , night is traditionally defined as hours between 30 minutes after sunset and 30 minutes before sunrise. There is some recent scholarly treatment of burglaries in American law as inchoate crimes, but this
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#1732772638280792-487: A shop with the intent to steal). As with all legal definitions in the U.S., the foregoing description may not be applicable in every jurisdiction, since there are 50 separate state criminal codes, plus federal and territorial codes in force. Commission of a burglary with the intention or result of confronting persons on the premises may constitute an aggravated offense known as " home invasion ". Taking or attempting to take property by force or threat of force from persons on
858-565: A stove. During World War II arson was a much higher concern in the United States . There was a severe lack of firefighters due to the fact most of the men were overseas to fight the war. There were few men left behind to help combat forest fires. For example, during WW II in Eldora, Iowa a fire chief reported that his regular membership shrank from 21 to 9 men and their fire fighting force recruited retired members and new members to fill
924-413: A variety of offences such as wilful fire-raising , culpable and reckless conduct , vandalism or other offences depending on the circumstances of the event. The more serious offences (in particular wilful fire-raising and culpable and reckless conduct) can incur a sentence of life imprisonment . Ireland differentiates how it charges arson not by degree but rather by what is being destroyed and if anyone
990-477: Is a crime usually prosecuted under solemn procedure in a superior court. Another common law crime still used is Hamesuken, which covers forced entry into a building where a serious assault on the occupant takes place. Common law crimes in Scotland are gradually being replaced by statutes . In the United States, burglary is prosecuted as a felony or misdemeanor and involves trespassing and theft, entering
1056-561: Is a statute offence under section 231 of the Crimes Act 1961 . Originally this was a codification of the common law offence, though from October 2004 the break element was removed from the definition and entry into the building (or ship), or a part of it, now only needed to be unauthorised. The definition of a building is very broad to cover all forms of dwelling, including an enclosed yard. Unauthorised entry onto agricultural land with intent to commit an imprisonable offence (section 231A)
1122-437: Is always a felony, even in third degree. It is more serious if the perpetrator uses what appears to be a dangerous weapon or enters a dwelling. In Pennsylvania, it is a defense to prosecution if the building or structure in question is rendered abandoned. In Virginia, there are degrees of burglary, described as "Common Law Burglary" and "Statutory Burglary". Common Law Burglary is defined as: if any people break and enter
1188-477: Is applicable only when people "unlawfully intrude or remain where others have their living quarters". The only punishments available for any of these offences are fines, unless the offences are considered gross. In such cases, the maximum punishment is two years' imprisonment. However, if the person who has forced themself into a house steals anything ("takes what belongs to another with intent to acquire it"), they are guilty of (ordinary) theft ( stöld ). However,
1254-438: Is charged in five degrees. Arson in the first degree is a Class A-1 felony and requires the intent to burn the building with a person inside using an explosive incendiary device. In New York, the criminal charge of arson includes a maximum sentence of 25 years to life. In California, a conviction for arson of property that is not one's own is a felony punishable by up to three years in state prison. Aggravated arson, which carries
1320-595: Is commonly referred to in Canada as breaking and entering , which in turn is often shortened to B and E . There is no crime of burglary as such in Finland . In the case of breaking and entering, the Finnish penal code states that A person who unlawfully (1) enters domestic premises by force, stealth or deception, or hides or stays in such premises [...] shall be sentenced for invasion of domestic premises to
1386-508: Is complete as soon as the intrusion is made. This dual nature is at the heart of a debate about whether the crime of burglary ought to be abolished and its elements covered by attempt or aggravating circumstances to other crimes—or retained, and the grading schemes reformed to reflect the seriousness of individual offenses. Possession of burglars' tools, in jurisdictions that make this an offense, has also been viewed as an inchoate crime: In effect piling an inchoate crime onto an inchoate crime,
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#17327726382801452-592: Is defined by section 9 of the Theft Act 1968 , which describes two variants: The offence is defined in similar terms to England and Wales by the Theft Act (Northern Ireland) 1969. Under Scots law , the crime of burglary does not exist. Instead theft by housebreaking covers theft where the security of the building is overcome. It does not include any other aspect of burglary found in England and Wales. It
1518-482: Is different from Wikidata All article disambiguation pages All disambiguation pages Burglary Sir Edward Coke (1552–1634) explains at the start of Chapter 14 in the third part of Institutes of the Lawes of England (pub. 1644), that the word Burglar ("or the person that committeth burglary "), is derived from the words burgh and laron , meaning house-thieves . A note indicates he relies on
1584-408: Is from 1864. English Common Law defines arson as "the malicious burning of the dwelling of another." This definition has four elements: Many U.S. state legal systems and the legal systems of several other countries divide arson into degrees, depending sometimes on the value of the property but more commonly on its use and whether the crime was committed in the day or night. Many statutes vary
1650-407: Is in dispute. Some academics consider burglary an inchoate crime . Others say that because the intrusion itself is harmful, this justifies punishment even when no further crime is committed. Burglary, as a preliminary step to another crime, can be seen as an inchoate, or incomplete, offense. As it disrupts the security of persons in their homes and in regard to their personal property, however, it
1716-430: Is to commit insurance fraud . In such cases, a person destroys their own property by burning it and then lies about the cause in order to collect against their insurance policy . A person who commits arson is referred to as an arsonist, or a serial arsonist if the person has committed arson several times. Arsonists normally use an accelerant (such as gasoline or kerosene ) to ignite, propel, and direct fires, and
1782-434: Is used as a dwelling or place of human habitation, with intent to commit murder, rape, robbery or arson in violation of Virginia State code section 18.2–77, 18.2–79, or 18.2–80, shall be deemed guilty of statutory burglary, which offense shall be a class 3 felony. However, if such people were armed with a deadly weapon at the time of such entry, they shall be guilty of a class 2 felony. Additionally, if any people commit any of
1848-629: The Brooke's case for this definition. According to one textbook, the etymology originates from Anglo-Saxon or Old English , one of the Germanic languages . (Perhaps paraphrasing Sir Edward Coke :) "The word burglar comes from the two German words burg , meaning "house", and laron , meaning "thief" (literally "house thief")." Another suggested etymology is from the later Latin word burgare , "to break open" or "to commit burglary", from burgus , meaning "fortress" or "castle", with
1914-418: The detection and identification of ignitable liquid residues is an important part of fire investigations. Pyromania is an impulse control disorder characterized by the pathological setting of fires. Most acts of arson are not committed by pyromaniacs. The term derives from Law French arsoun (late 13th century), from Old French arsion , from Late Latin ārsiōnem "a burning," ( acc. ) from
1980-477: The "plumbers" of the Watergate scandal were technically burglars. Any entry into the building or automobile of another with the intent to commit a crime, even if the entry would otherwise be permitted for lawful purposes, may constitute burglary on the theory that the permission to enter is only extended for lawful purposes (for example, a shoplifter may be prosecuted for burglary in addition to theft, for entering
2046-731: The English counterparts, 63 of the 1972 Ordinance provides a maximum penalty of life imprisonment, and s 60(3) of the Ordinance requires that if the damage is by fire the offence should be charged as arson. In the Burmese legal system, arson is considered "mischief by fire" under sections 435 and 436 of the Myanmar Penal Code and punishable by fine and imprisonment. The statutes were last amended on 1 July 2016, and made arson on houses and buildings punishable with up to 20 years in prison. The Burmese military has long used arson as
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2112-567: The Mijikenda people ' Hypotheses non fingo ', phrase coined by Isaac Newton Topics referred to by the same term [REDACTED] This disambiguation page lists articles associated with the title Fingo . If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Fingo&oldid=586069119 " Category : Disambiguation pages Hidden categories: Short description
2178-635: The San Jose Fire Department. According to a 2019 Press Release from the California Department of Insurance , Tyler and Kim Chen, Ha Nguyen, Sandy Ngo, Duyen Pham, and Trang Huynh were all convicted with various degrees of arson and insurance fraud. Tyler Chen was convicted with five separate counts of arson and two separate counts of insurance fraud in Santa Clara County in 2018. Tyler Chen's wife, Kim Chen,
2244-417: The act of arson typically involves buildings , the term can also refer to the intentional burning of other things, such as motor vehicles , watercraft , or forests . The crime is typically classified as a felony , with instances involving risk to human life or property carrying a stricter penalty. Arson that results in death can be further prosecuted as manslaughter or murder . A common motive for arson
2310-520: The acts mentioned in the VA state code section 18.2–90 with intent to commit larceny, or any felony other than murder, rape, robbery or arson in violation of VA state code section 18.2–77, 18.2–79, or 18.2–80, or if any people commit any acts mentioned in 18.2–89 or 18.2–90 with intent to commit assault and battery, shall be guilty of statutory burglary, punishable by confinement in a state correctional facility for not less than one or more than twenty years, or, in
2376-468: The alleged offense. First degree arson generally occurs when people are harmed or killed in the course of the fire, while second degree arson occurs when significant destruction of property occurs. While usually a felony , arson may also be prosecuted as a misdemeanor , " criminal mischief ", or " destruction of property ." Burglary also occurs, if the arson involved a "breaking and entering". A person may be sentenced to death if arson occurred as
2442-446: The building, expanding the common-law definition. It has three degrees. Third-degree burglary is the broadest, and applies to any building or other premises. Second-degree burglary retains the common-law element of a dwelling, and first-degree burglary requires that the accused be in a dwelling and armed with a weapon or have intent to cause injury. A related offense, criminal trespass, covers unlawful entry to buildings or premises without
2508-401: The burglar enter with a dangerous weapon, they may be imprisoned for life. Unlawful entries of a structure other than a dwelling are labeled "breaking and entering" and punishments vary according to structure. In Maryland, under title 6, subtitle 2 of the criminal law code, the crime of burglary is divided into four degrees. The first three degrees are felonies, while fourth-degree burglary is
2574-446: The cause in order to collect against their insurance policy . An example of insurance fraud being the motivating factor for an act of arson is the case for Operation Firebird . A married couple and 4 co-conspirators were arrested and convicted with arson and insurance fraud after a string of home, business, and warehouse fires which took place between 2014 and 2018 were exposed as acts of arson. Using chicken left in boiling frying oil,
2640-544: The conventional sense, physical breaking is not necessary, the entry does not need to occur at night, and the intent may be to commit any felony or theft. In Canada, breaking is prohibited by section 348 of the Criminal Code . It is an indictable offense when committed in residence, and otherwise a hybrid offense . Breaking and Entering is defined as breaking into a place with intent to commit another indictable offense (including, but not limited to theft). The crime
2706-481: The convicted criminals would make fire seem like a cooking accident. Then, the group committed insurance fraud by filing insurance claims for the cost of the building, as well as, smoke-damaged goods to claim fire damages for insurance payouts. The group's scheme claimed a reported $ 4 million and ended when authorities were tipped off as to where the location of the next planned incident would take place. Police then performed an investigation dubbed Operation Firebird with
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2772-424: The day or night time, with intent to commit any misdemeanor except assault and battery or trespass (which falls under the previous paragraph), shall be guilty of a class 6 felony. However, if the people were armed with a deadly weapon at the time of such entry, they shall be guilty of a class 2 felony. Arson Arson is the act of willfully and deliberately setting fire to or charring property . Although
2838-455: The daytime break and enter or enter and conceal themselves in a dwelling house or an adjoining, occupied outhouse, or, in the nighttime enter without breaking or at any time break and enter or enter and conceal themselves in any office, shop, manufactured home, storehouse, warehouse, banking house, church or other house, or any ship, vessel or river craft, or any railroad car, or any automobile, truck, or trailer, if such automobile, truck or trailer
2904-454: The degree of the crime according to the criminal intent of the accused. Some US states use other degrees of arson, such as "fourth" and "fifth" degree, while some states do not categorize arson by any degree. For example, in the state of Tennessee , arson is categorized as "arson" and "aggravated arson." A common motive for arson is to commit insurance fraud . In such cases, a person destroys their own property by burning it and then lies about
2970-607: The destruction is by fire, the offence is charged as arson; s.4 of the Act provides a maximum penalty of life imprisonment for conviction under s.1 whether or not the offence is charged as arson. In Hong Kong, the common law offence was abolished by s 67 of the Crimes Ordinance 1971 (Part VIII of which, as amended by Crimes (Amendment) Ordinance 1972, mirrored the English Criminal Damage Act 1971). Like
3036-404: The discretion of the jury or the court trying the case without a jury, be confined in jail for a period not exceeding twelve months or fined not more than $ 2,500, either or both. However, if the people were armed with a deadly weapon at the time of such entry, they shall be guilty of a Class 2 felony. Finally, if any people break and enter a dwelling house while said dwelling is occupied, either in
3102-412: The dwelling of another, in the nighttime, with intent to commit a felony or any larceny (theft < $ 500) therein, shall be guilty of burglary, punishable as a class 3 felony; provided, however, that if such people was armed with a deadly weapon at the time of such entry, they shall be guilty of a class 2 felony. Statutory Burglary is defined as: If any people in the nighttime enter without breaking, or in
3168-589: The dwelling or habitation". In chapter 16 of the fourth book of the Commentaries on the Laws of England , Sir William Blackstone observes that Burglary "... has always been looked on as a very heinous offence: not only because of the abundant terror that it naturally carries with it, but also as it is a forcible invasion of that right of habitation..." During the 19th Century, English politicians turned their minds to codifying English law. In 1826, Sir Robert Peel
3234-474: The felony of Burglary and explains the various elements of the offence. He distinguished this from housebreaking because the night aggravated the offence since the night time was when man was at rest. He also described the night as the time when the countenance of a man could not be discerned. In Pleas of the Crown. A Methodical Summary , Sir Matthew Hale classifies Burglary and Arson as offences "against
3300-554: The fire. The DA of California considered arson charges for the family members as they were deemed negligent with regard to fire safety. In English law , arson was a common law offence (except for the offence of arson in royal dockyards ) dealing with the criminal destruction of buildings by fire. The common law offence was abolished by s.11(1) of the Criminal Damage Act 1971 . The 1971 Act makes no distinction as to mode of destruction except that s.1(3) requires that if
3366-426: The intent to commit a crime, and is a misdemeanor or, in the third degree, a violation. Possession of burglar's tools, with the intent to use them to commit burglary or theft, is a misdemeanor. The Commonwealth of Massachusetts uses the term "burglary" to refer to a night-time breaking and entering of a dwelling with the intent to commit a felony. Burglary is a felony punishable by not more than twenty years; should
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#17327726382803432-448: The intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter." Depending on the circumstances of the crime, burglary can be classified as third, second, first-degree, or life felonies, with maximum sentences of five years, fifteen years, thirty years, and life, respectively. The minimum sentences are probation, 21 months, and 124 1/2 months, except that if
3498-476: The intent to use them in a burglary offense. In the criminal code of New Hampshire , "A person is guilty of burglary if they enter a building or occupied structure, or separately secured or occupied section thereof, with purpose 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." Under the New York Penal Law , burglary
3564-520: The missing positions during the war. Although there were few attempts to burn U.S. forests, it continued to be a big concern due to the potential detrimental effects. This concern for arson attempts led to the rise of Smokey Bear who was the face of fire prevention and fire safety measures. Although the intention of Smokey Bear's persona is to encourage fire safety , Smokey shares a message of fire prevention which includes accidental fires that can sometimes be legally charged as arson. In New York, arson
3630-465: The most severe punishment for arson, is punishable by 10 years to life in state prison. A well-known example of arson which took place in California is the Esperanza Fire . Raymond Lee Oyler was ultimately convicted of murder and sentenced to death for a 2006 fire in southern California that led to the deaths of five U.S. Forest Service firefighters; he was the first U.S. citizen to receive such
3696-410: The person had a gun, a judge uses the 10-20-Life Law , 10 years on anyone convicted of committing or attempting to commit any of the above felonies (with certain exceptions), while armed with a firearm or destructive device. If a firearm was discharged, 20 years. If a bullet injures or kills someone, 25 years. A person commits the offense of burglary when, without authority and with the intent to commit
3762-462: The possession of burglary tools with the intent to use them in a burglary is a serious offense, a felony in some jurisdictions. Gloves that defendants were trying to shake off as they ran from the site of a burglary were identified as burglar's tools in Green v. State (Fla. App. 1991). Under Florida State Statutes , "burglary" occurs when a person "enter[s] a dwelling, a structure, or a conveyance with
3828-462: The premises also constitutes the offense of robbery . In some states, a burglary committed during the hours of daylight is technically not burglary, but housebreaking. In many jurisdictions in the U.S., burglary is punished more severely than housebreaking. In California , for example, burglary was punished as burglary in the first degree, while housebreaking was punished as burglary in the second degree. California now distinguishes between entry into
3894-451: The purposes of this Code section, the term "railroad car" shall also include trailers on flatcars, containers on flatcars, trailers on railroad property, or containers on railroad property. O.C.G.A. § 16-7-1. Burglary and the intended crime, if carried out, are treated as separate offenses. Burglary is a felony, even when the intended crime is a misdemeanor, and the intent to commit the crime can occur when one "enters or remains unlawfully" in
3960-464: The section regarding gross theft (Chapter 6, 4s of the Penal Code, grov stöld ) states "in assessing whether the crime is gross, special consideration shall be given to whether the unlawful appropriation took place after intrusion into a dwelling." For theft, the punishment is imprisonment of at most two years, while gross theft carries a punishment of between six months and six years. Burglary
4026-413: The verb ardēre , "to burn." "Malicious burning of property," 1670s, from Anglo-French arsoun (late 13c.), Old French arsion, from Late Latin arsionem (nominative arsio) "a burning," noun of action from past-participle stem of Latin ardere "to burn" (from PIE root *as- "to burn, glow"). The Old English term was bærnet , lit. "burning"; and Edward Coke has indictment of burning (1640). Arsonist
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#17327726382804092-609: The word then passing through French and Middle English, with influence from the Latin latro , "thief". The British verb "burgle" is a late back-formation . Ancient references to breaking into a house can be found in the Code of Hammurabi (no. 21 ) and the Torah (Exodus 22:2 ). Sir Edward Coke, in chapter 14 of the third part of the Institutes of the Lawes of England , describes
4158-507: Was able to achieve some long advocated reforms by codifying offences concerning larceny and other property offences as well as offences against the person. Further reforms followed in 1861. Colonial legislatures generally adopted the English reforms. However, while further Criminal Code reforms failed to progress through the English parliament during the 1880s, other colonies, including Canada, India, New Zealand and various Australian states codified their criminal law. At common law , burglary
4224-451: Was added in March 2019 as a burglary type offence. In Sweden , burglary does not exist as an offence in itself; instead, there are two available offences. If a person simply breaks into any premise, they are technically guilty of either unlawful intrusion ( olaga intrång ) or breach of domiciliary peace ( hemfridsbrott ), depending on the premise in question. Breach of domiciliary peace
4290-471: Was convicted with two counts of insurance fraud in Santa Clara county. In the United States , the common law elements of arson are often varied in different jurisdictions. For example, the element of "dwelling" is no longer required in most states, and arson occurs by the burning of any real property without consent or with unlawful intent. Arson is prosecuted with attention to degree of severity in
4356-407: Was defined by Sir Matthew Hale as: The breaking and entering the house of another in the night time, with intent to commit a felony therein, whether the felony be actually committed or not. The common-law elements of burglary often vary between jurisdictions. The common-law definition has been expanded in most jurisdictions, such that the building need not be a dwelling or even a building in
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