Is it Breaking and Entering to Enter an Unlocked Building

[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.

[herewego]

Plus, why were they even trying to open the doors, iff they were not planning on going in, most of the time people will just walk around the school park, not walk u to the doors checking ifthere open