4 ms·

>So there are actually states in the U.S. where you can enter an unlocked home during daylight hours, sit on the couch and read a magazine, make awkward small t

by shabble 10y ago

>So there are actually states in the U.S. where you can enter an unlocked home during daylight hours, sit on the couch and read a magazine, make awkward small talk, then leave before sundown Out of curiosity, which state(s) are these, and (if you happen to know), what laws surround it? Why sundown, for example?

logfromblammo 10y ago
It's from Anglo-American common law. Under common law, "burglary" must occur during the night. Similar behavior during the day is at most "housebreaking". Under common law, there must also be intent to commit a felony within the building in order for "breaking and entering" to be charged as an additional crime. So if you look in, for instance, New Hampshire Title LXII, Chapter 635, as long as you have no intent to commit a crime, nor any reasonable expectation that you are not allowed within, you can open and enter any unlocked door you find and not be charged with some form of unlawful entry. But it doesn't even take a locked door to stop you. A handwritten note taped to the door, reading "keep out", would be sufficient to trigger unlawful trespass, a lesser crime than burglary/housebreaking. If you look at Pennsylvania's Title 18, Chapter 35, you can see a wordy example of the boolean expression (( A & B & C ) or ( A & B & ~C ) or ( A & ~B & C ) or ( A & ~B & ~C )), when only the last case is referenced by another section. Could use some refactoring. They also added a special "meth burglary" section. If you look at California penal code sections 458-464, you can see that shoplifting is considered a lesser form of burglary, where the "breaking" is by deception, and the intended crime valued less than $950, and replaces both the burglary and the theft. In California, you can be charged with burglary of a tent or motor home, whereas the aforementioned states restrict it to fixed buildings. As far as I know, the distinction between night and day is an artifact of history, from before the era of cheap artificial lighting. But all state laws differ. Where they do not, it is usually because the provisions implementing the common law definitions have not changed. It's usually pretty easy to find the sections of state law dealing with actual crimes against people, property, and peace. And many of them rarely change. One wonders why any state would even need a full-time legislature when most of the truly necessary laws are already written.

by shabble 10y ago

logfromblammo 10y ago

It's from Anglo-American common law. Under common law, "burglary" must occur during the night. Similar behavior during the day is at most "housebreaking". Under common law, there must also be intent to commit a felony within the building in order for "breaking and entering" to be charged as an additional crime. So if you look in, for instance, New Hampshire Title LXII, Chapter 635, as long as you have no intent to commit a crime, nor any reasonable expectation that you are not allowed within, you can open and enter any unlocked door you find and not be charged with some form of unlawful entry. But it doesn't even take a locked door to stop you. A handwritten note taped to the door, reading "keep out", would be sufficient to trigger unlawful trespass, a lesser crime than burglary/housebreaking. If you look at Pennsylvania's Title 18, Chapter 35, you can see a wordy example of the boolean expression (( A & B & C ) or ( A & B & ~C ) or ( A & ~B & C ) or ( A & ~B & ~C )), when only the last case is referenced by another section. Could use some refactoring. They also added a special "meth burglary" section. If you look at California penal code sections 458-464, you can see that shoplifting is considered a lesser form of burglary, where the "breaking" is by deception, and the intended crime valued less than $950, and replaces both the burglary and the theft. In California, you can be charged with burglary of a tent or motor home, whereas the aforementioned states restrict it to fixed buildings. As far as I know, the distinction between night and day is an artifact of history, from before the era of cheap artificial lighting. But all state laws differ. Where they do not, it is usually because the provisions implementing the common law definitions have not changed. It's usually pretty easy to find the sections of state law dealing with actual crimes against people, property, and peace. And many of them rarely change. One wonders why any state would even need a full-time legislature when most of the truly necessary laws are already written.