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I know, but it doesn't make sense. It's like arguing the kid was entitled to throw a party because he had my key.

by treis 5y ago

JumpCrisscross 5y ago
> like arguing the kid was entitled to throw a party because he had my key Did he steal your key? Or did you give it to him? If he stole your key, he wasn't entitled to your house. But if you gave him the key, he had entitlement to it. If this were a friend, not a kid, you might be able to sue her for throwing a party in your house without permission. You would not be able to get her charged with breaking and entering because she overstepped the conditions that came with your key.
- treis 5y ago
  B&E requires intent to commit a felony in my state. If we change the story to the kid using the key to rob me then yes he will get convicted of B&E (burglary in my state).
  - Dylan16807 5y ago
    So if they come in with full intent to water the plants and walk off with your things, and do so, they'll be charged with "breaking and entering"? That really shouldn't be a valid charge. It should be pure larceny.
    - treis 5y ago
      In that case no because they didn't enter with the intent to commit a felony.
      - Dylan16807 5y ago
        You may not have caught the first-minute edit I made. Or I worded it badly. Presume they had intent to water and steal at a felony level when they entered.
        treis 5y ago
        Then that's a crime. The innocent motivation doesn't wash away the guilty one.
        Dylan16807 5y ago
        If they walked through an already-open door with the intent to steal, entering wouldn't be burglary, at least not under the rules I'm used to. If they had to break open the door, entering would be burglary. Using a key they were supposed to have, to enter a building they were supposed to be able to enter? I would say it should be treated like the former case, not the latter case. US law may not always agree with me, and apparently there are states where shoplifting can count as burglary. But I say stretching the definition that far is ridiculous.
TeeMassive 5y ago
Then he's not committing a crime because he entered your house but because he trashed your house. Therefore he can't be charged for breaking and entering but can be charged for destruction of property.

I know, but it doesn't make sense. It's like arguing the kid was entitled to throw a party because he had my key.

by treis 5y ago

I know, but it doesn't make sense. It's like arguing the kid was entitled to throw a party because he had my key.

> like arguing the kid was entitled to throw a party because he had my key Did he steal your key? Or did you give it to him? If he stole your key, he wasn't entitled to your house. But if you gave him the key, he had entitlement to it. If this were a friend, not a kid, you might be able to sue her for throwing a party in your house without permission. You would not be able to get her charged with breaking and entering because she overstepped the conditions that came with your key.

treis 5y ago
B&E requires intent to commit a felony in my state. If we change the story to the kid using the key to rob me then yes he will get convicted of B&E (burglary in my state).
- Dylan16807 5y ago
  So if they come in with full intent to water the plants and walk off with your things, and do so, they'll be charged with "breaking and entering"? That really shouldn't be a valid charge. It should be pure larceny.
  - treis 5y ago
    In that case no because they didn't enter with the intent to commit a felony.
    - Dylan16807 5y ago
      You may not have caught the first-minute edit I made. Or I worded it badly. Presume they had intent to water and steal at a felony level when they entered.
      - treis 5y ago
        Then that's a crime. The innocent motivation doesn't wash away the guilty one.
        Dylan16807 5y ago
        If they walked through an already-open door with the intent to steal, entering wouldn't be burglary, at least not under the rules I'm used to. If they had to break open the door, entering would be burglary. Using a key they were supposed to have, to enter a building they were supposed to be able to enter? I would say it should be treated like the former case, not the latter case. US law may not always agree with me, and apparently there are states where shoplifting can count as burglary. But I say stretching the definition that far is ridiculous.

TeeMassive 5y ago

Then he's not committing a crime because he entered your house but because he trashed your house. Therefore he can't be charged for breaking and entering but can be charged for destruction of property.