3.315 — BREAKING & ENTERING

Violations of "Statute 3.315" results in a Class B Misdemeanor

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(a) Definitions

"Breaking & Entering" refers to the unlawful entry into a building or structure, whether by force, deceit, or without consent, with the intent to commit a crime inside.

(b) Elements

To establish the offense of breaking and entering, the prosecution must prove beyond a reasonable doubt the following elements:

1. The defendant entered a building or structure.

2. The entry was without the consent of the owner or occupant.

3. The defendant had intent to commit a crime (such as theft, vandalism, assault, or other crimes) once inside the building or structure.

4. The entry was accomplished by force, deceit, or without consent (e.g., breaking a door, using a key without authorization, or entering through an unlocked window).

(c) Defenses

A defendant may raise the following defenses against a charge of breaking and entering:

• Consent: The defendant had permission from the owner or occupant to enter the property.

• Lack of Intent: The defendant entered the property but did not have the intent to commit a crime once inside.

• Mistaken Belief: The defendant reasonably believed they had legal rights to enter the property.

• No Force Used: The defendant did not use force or deceit to enter the premises.

(d) Aggravating Factors

The court shall impose enhanced penalties if the breaking and entering involved:

• Use of force or weapons to break into the property.

• Entering a dwelling or occupied building, especially when the owner or occupants were present.

• Committed during nighttime hours, increasing the potential danger to the occupants.

• The defendant has a prior conviction for a similar offense.

• Damage caused to property during the act of breaking and entering.