Is it Breaking and Entering to Enter an Unlocked Building

[PandorasBox]

The interesting question of the day. This is based on an article in the local paper. The judge had to postpone the case since she doesn't even know!


Young men, 19-20...hanging out on a school playground. 12:30 at night. They see the school building has lights on. The doors are unlocked. They enter.

Police answer an alarm call (no further details known...but an unlocked building should not trigger an alarm)

They are being charged with Breaking and Entering. They did not steal anything. They did not damage anything. Just walked around inside.

Would that be considered an open public building? Or would it be B&E even though the doors were unlocked and lights on.

Discuss.....

[mamabear2102003]

The interesting question of the day. This is based on an article in the local paper. The judge had to postpone the case since she doesn't even know!


Young men, 19-20...hanging out on a school playground. 12:30 at night. They see the school building has lights on. The doors are unlocked. They enter.

Police answer an alarm call (no further details known...but an unlocked building should not trigger an alarm)

They are being charged with Breaking and Entering. They did not steal anything. They did not damage anything. Just walked around inside.

Would that be considered an open public building? Or would it be B&E even though the doors were unlocked and lights on.

Discuss.....

If you have no legal right to be in the building, locked or unlocked, this is considered breaking and entering up here. Just ask my nephew (you buy 'em books, send to school..... yeah, you know the rest! LOL)

[tigerdog]

To my understanding, the "breaking" part usually refers to "breaking the threshold."

[mamabear2102003]

To my understanding, the "breaking" part usually refers to "breaking the threshold."

Which includes walking OVER said threshold, correct?

[aardvarc]

People often confuse "breaking" with some overt act used to gain entry, like kicking in or prying open a door or window. But as Tiger noted, "breaking" refers to the violation of the "plane" which constitutes the natural boundary of things like walls, doorways, or window openings - so even reaching THROUGH a threshold or imaginary "plane", such as an open window where the natural continuation of the wall (or even car door) would constitute the plane broken by the reaching.

[free9man]

Which includes walking OVER said threshold, correct?

Correct.

And an unlocked building CAN trigger an alarm. Mostly likely the last person out set the alarm but forgot to lock the door...so when it was opened it triggered the alarm.

I doubt it could be argued that it was an open public building because schools have clearly defined operating hours, with the occasional exception for after school activities. I have never seen any afterschool activities last until 1230am. The perpetrators clearly should have been aware that they had no business, or permission, to be in the school after hours. Members of the public who are not parents, students or staff are generally not allowed to wander into, out of or inside schools for no reason.

[PandorasBox]

Thanks for the replies.

Just an interesting and unique case, since even the judge says she is unclear of the law....

[cdwjava]

The interesting question of the day. This is based on an article in the local paper. The judge had to postpone the case since she doesn't even know!

What state? State laws do vary so that would be important.

Young men, 19-20...hanging out on a school playground. 12:30 at night. They see the school building has lights on. The doors are unlocked. They enter.

It could be charged as trespassing in my state. But, unless they did more than merely enter, they probably would not be prosecuted.

Police answer an alarm call (no further details known...but an unlocked building should not trigger an alarm)

Either the door triggered an alarm when the lads opened it, or something else they were doing activated the alarm.

They are being charged with Breaking and Entering. They did not steal anything. They did not damage anything. Just walked around inside.

This is why knowing the state is important. My state has no "B&E" law, so to speak. In CA this might have been trespassing, it might have even been loitering or prowling, but it does not sound like a burglary unless they actually entered with the intent to commit theft or another felony.

Would that be considered an open public building? Or would it be B&E even though the doors were unlocked and lights on.

Depends on the un-named state's laws.

[tc498]

This is in NJ I think, I wonder why it wasn't reduced to a lower charge like the other guy said. The people are breaking some law even if not B and E. Something like criminal tresspassing or simple tresspassing.