thumb|A stereotypical depiction of a burglar.
Burglary, also called breaking and entering (B&E) or housebreaking, is a property crime involving the illegal entry into a building or other area 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.
Another suggested etymology is from the later Latin word , "to break open" or "to commit burglary", from , meaning "fortress" or "castle", with the word then passing through French and Middle English, with influence from the Latin , "thief". The British verb "burgle" is a late back-formation.
History
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 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 the dwelling or habitation".
thumb|Romanced depiction of the Fiquefleur burglary by the [[Illegalism|illegalist Ortiz gang, Chiericotti (?), Ortiz and Henry in Le Petit Parisien (1893)]]
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 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.
Common-law definition
thumb|The aftermath of a burglary at a branch of [[John Lewis & Partners|John Lewis in High Wycombe, Buckinghamshire, UK. The thieves entered the building via the roof and descended to the second floor through the ceiling to steal electronic goods, inflicting substantial damage to the ceiling and floor space.]]
At common law, burglary was defined by Sir Matthew Hale as:
- Breaking can be either actual, such as by forcing open a door, or constructive, such as by fraud or threats. For example, if wrongdoers partially open a window with a pry bar—but then notice an open door, which they use to enter the dwelling instead, there is no burglary under common law.
- House includes a temporarily unoccupied dwelling, but not a building used only occasionally as a habitation.
Criminal psychology
Some studies indicate that most burglars will scan the target of their burglary multiple times before committing the crime. Many burglars were shown to always be in a state of 'half-looking' or scanning for potential targets through unconscious situational awareness.
Finland
There is no crime of burglary as such in Finland. In the case of breaking and entering, the Finnish penal code states that
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.