Course: Introduction / Criminal Law
Residential burglary is the crime of entering or remaining unlawfully in a dwelling with the intent to commit a crime therein.
Residential burglary is a crime that involves entering or remaining unlawfully in a dwelling with the intent to commit a crime against a person or property therein. The Model Penal Code (MPC) defines the crime of burglary in Section 221.1 as “a person is guilty of burglary if he enters a building or occupied structure, or separately secured or occupied portion thereof, with purpose to commit a crime therein, unless the premises are at the time open to the public or the actor is licensed or privileged to enter.”
The MPC’s definition of burglary includes buildings and occupied structures, as well as separately secured or occupied portions thereof, which can include individual apartments or rooms within a larger structure. Additionally, the MPC requires that the person have the intent to commit a crime inside the building or structure. This intent can be to commit a crime against a person or against property, such as theft or vandalism.
The MPC’s definition of burglary does not specify that the building or structure must be a dwelling, but it does require that the person enter or remain unlawfully. This means that the person does not have permission or authority to be in the building or structure. It also means that the person has not been invited or invited themselves into the building or structure but instead has forced their way in or entered without permission.
The MPC’s definition of burglary differs slightly from the common law definition of burglary, which required the breaking and entering of a dwelling at night with the intent to commit a felony inside. The MPC’s definition is more broad, encompassing a wider range of buildings and structures, and does not require the breaking and entering of a dwelling at night.
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Last Modified: 04/10/2023