> For the complete documentation index, see [llms.txt](https://dubs-docs.gitbook.io/tbd-rp-department-of-justice-legal-code/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://dubs-docs.gitbook.io/tbd-rp-department-of-justice-legal-code/unified-code-of-laws/title-6-penal-code/2-crimes-against-property/2-2-breaking-and-entering.md).

# \[2] 2 - Breaking and Entering

**Offense Classification: Misdemeanor / Felony *****(Depending on circumstances)***

**Definition:**

Breaking and Entering occurs when an individual **forcibly enters a building, structure, or vehicle without authorization**, but **without intent to commit another crime inside**. This charge applies when entry is **gained by force, deception, or unauthorized means**, even if nothing is stolen or damaged.

**Elements of the Crime:**

* The suspect **used force, threats, or deception** to enter a property without permission.
* The property was **locked, secured, or required special access**.
* The suspect **did not have legal authority** to enter.
* The act was **not justified** (e.g., not an emergency situation requiring forced entry).

**Penalties:**

* **Jail Time:** Up to 1 year *(Misdemeanor, if no damage or intent to commit a crime inside)*, up to 5 years *(Felony, if significant property damage occurred)*
* **Fine:** Up to $5,000
* **Additional Consequences:** Probation restrictions, possible restraining orders

**Related Charges:**

* **\[2] 1 - Trespassing** *(If the suspect entered unlawfully but without force.)*
* **\[2] 3 - Burglary** *(If the suspect entered with intent to commit a crime inside.)*
* **\[2] 9 - Vandalism** *(If property damage occurred during the break-in.)*
* **\[1] 5 - Assault with a Deadly Weapon** *(If the suspect was armed while breaking in.)*


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