3 ms·
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 i
by 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 agoSo 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 agoIn that case no because they didn't enter with the intent to commit a felony.
- Dylan16807 5y agoYou 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 agoThen that's a crime. The innocent motivation doesn't wash away the guilty one.
- Dylan16807 5y agoIf 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.