Statutory burglary is a criminal offense defined by law that involves breaking and entering any building with the intent to commit a felony. Unlike traditional burglary, this offense does not require the building to be a residence, nor does it need to occur at night. Statutory burglary is codified in various state laws, reflecting the evolution of burglary from common law to modern statutes.
Statutory burglary is primarily relevant in criminal law. It is used to prosecute individuals who unlawfully enter buildings with the intent to commit crimes such as theft or other felonies. Users may encounter this term when dealing with criminal charges or when seeking to understand their rights and defenses. Legal forms related to statutory burglary can help individuals navigate the legal process, including plea agreements and defense strategies.
Here are a couple of examples of abatement:
Example 1: A person enters a commercial property after hours, intending to steal equipment. They can be charged with statutory burglary due to their unlawful entry and intent to commit theft.
Example 2: A person who enters a school building without permission to vandalize can also face statutory burglary charges, as they entered with the intent to commit a crime. (hypothetical example)
In Virginia, statutory burglary is defined under Va. Code Ann. § 18.2-91, which states that it involves entering a building, with or without breaking, with the intent to commit larceny or any felony other than murder, rape, or robbery. Other states have similar statutes, but the specifics may vary.
| State | Definition | Key Variations |
|---|---|---|
| Virginia | Entry with intent to commit a felony. | Includes non-dwelling buildings. |
| California | Entry with intent to commit theft or felony. | Requires proof of intent at the time of entry. |
| Texas | Entry into a habitation or building with intent to commit theft. | Specifies "habitation" as a key term. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Burglary | Unlawful entry into a building with intent to commit a crime. | General term; may not be codified in statute. |
| Robbery | Theft involving force or intimidation. | Involves direct confrontation with victims. |
| Trespassing | Entering someone's property without permission. | Does not require intent to commit a crime. |
If you are facing charges related to statutory burglary, it is important to understand your rights and options. Consider the following steps:
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Statutory burglary is defined by specific laws in each state, while common burglary may refer to the general concept of unlawful entry with intent.