When Can You be Charged With Breaking and Entering or Burglary

My question involves criminal law for the state of: oregon

All second degree burglary requires is entering (or remaining unlawfully) in a building with the intent to commit a crime. Shoplifting, therefore, is burglary. First degree burglary occurs when you do the above holding burglary tools or theft devices, causing attempted (or actual) injury to some one, or uses or threatens to use a dangerous weapon.

Both are felonies of differing degrees.

Read this, O.R.S. Sec. 164.205 et seq.

Quote:

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Quoting flyingron

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All second degree burglary requires is entering (or remaining unlawfully) in a building with the intent to commit a crime. Shoplifting, therefore, is burglary. First degree burglary occurs when you do the above holding burglary tools or theft devices, causing attempted (or actual) injury to some one, or uses or threatens to use a dangerous weapon.

Both are felonies of differing degrees.

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Shoplifting can be burglary but not "is" burglary. The intent to commit a crime must happen at the time of entry for it to be burglary.