Between which hours did housebreaking become burglary?

jennyáƒ¦

I didn't know it changed over after a certain time.
Thanks for the heads up... Kind of ruins my plans for the night

Ephesus

Housebreaking is training a pet to excrete outdoors or in a specific place.

Burglary is the felony of breaking into and entering the house of another at night with intent to steal, extended by statute to cover the breaking into and entering of any of various buildings, by night or day.

Any time.

Don't cha?

? Not sure anyone really understands what you are saying here. Breaking into a house at noon or at 1 a.m. is STILL breaking into a house. Hey--wait----did you steal the computer you are on right now?????????

on thin ice

In UK law :
The legislation you need to look back at is the ( now repealed ) Larceny Act 1916. Under that legislation there were various permutations and degrees of 'breaking and entering ' type offences. They really were quite complicated and depended upon what time the offence was carried out, what building or structures were entered, whether there was an intention to commit what was then called a 'felony' or if a 'felony' was committed, even if the value of the 'felony' was below or above Â£5 in value.
The type of building broken into also effected the punishment and also if the offender had been previously convicted.
For example, and this indicates the change in our values, 'sacrilege' the breaking into 'a place of divine worship' was considered especially serious and liable to earn the culprit 'penal servitude' ( locked up ) for life !
Offences of burglary and housebreaking could both be committed 'during the night' and night ( defined in Sect.46 LA 1916 ) was the period between 9.00 p.m. and 6.00 a.m. The permutations of intention, property actually stolen etc. could mean the penalty ranged from up to 7yrs, 14yrs or life.
All this has been greatly simplified by the Theft Act 1968 and its amendments.

confucious says

the actual time under the old felony rules IE before the Theft Act 1968 WAS 7 PM TO 7 AM before 7pm it was housebreaking after this time it became burglary and in practice it virtually doubled the max sentence from one to the other
edit to Paul w to say you are a retired police officer you don't know much do you before 1968 theft act burglary and housebreaking were two different crimes and the sentences were entirely different also the question does not relate to today's laws it is about the old law when times made different crimes IE before 7 pm housebreaking after 7 pm it was burglary
I CANNOT UNDERSTAND A RETIRED POLICE OFFICER NOT KNOWING the the basic reasons of the 1968 THEFT ACT IT ALTERED ALMOST ALL DEFINITIONS OF EVERY CRIME COMMITTED IN THE UK

SWATorNOT

This may be one of the weirdest string of answers to any question I've ever read. Like most questions in this section, you need to be more specific.

I can't answer for 1968 or England, or Ohio. You should explain what state you are in as it sounds like there are some really odd laws out there.

Here's the answer FOR CALIFORNIA--

Every person who enters any house, room, apartment, tenement,
shop, warehouse, store, mill, barn, stable, outhouse or other
building, tent, vessel, floating home, railroad car, locked
or sealed cargo container, whether or not mounted on a vehicle,
trailer coach, any
house car, inhabited
camper, vehicle as
defined by the Vehicle Code, when the doors are locked, aircraft, or mine or any
underground portion thereof, with intent to commit grand or petit
larceny or any felony is guilty of burglary. As used in this
chapter, "inhabited" means currently being used for dwelling
purposes, whether occupied or not.

No, you don't need to actually steal something. No it doesn't have to be 701 PM. No it doesn't need to be day light savings time. No you don't have to house break your dog first. The act of entering the building whether it's morning, noon or night is the act of burglary.

Wisdom

When is it that ignorant questions become irritating ?

madderstill

anytime

L G

You are referring to the old larcency act which is no more.
Burglary is entering a building or part of a building, as a trespasser, with intent, to do damage, inflict grievous bodily harm,rape any woman therein, or steal anything within, or part of the building. So, as you can see, the time of day(or night) does not come into the equation.

Major Gmed

As far as I'm aware Burglary is a term used in English Law, whereas housebreaking is a term used in Scots Law. Both mean pretty much the same thing, entering another person's property without their permission.

vicetech101

In NC to charge for burglary the incident must occur at night and the dwelling must be occupied. The suspect does not half to take anything. By entering an occupied dwelling at night without permission is Burglary in NC.

DizzyManDem

Same with Ephesus...housebreaking is going in a house without permission

burglary is if you steal something.

Kevy

"house breaking" is not a crime
Breaking and entering is, however

The difference is not in time, it is in weather the building is classified as an "occupied structure" or an "unoccupied structure"
Occupied structure for the sake of arguement is any building that has the potential to have a person or persons in it.
IE a house at any time, day or night, there is the potential for a person to be home.
http://codes.ohio.gov/orc/2911.12
http://codes.ohio.gov/orc/2911.13

podge

In the UK Housebreaking is the act of unlawfully breaking into and entering anothers house,
Burglary is stealing some contents while housebreaking.
The hour of the day or night is not relevant.

nenoneno

break in is break in no matter what the time is and it becomes burglary only when something is stolen

Salt&Pepper Apricot

When the dog snuck back in and stole biscuits the owner forgot to give him for going potty outside:)

ed209

In England and Wales burglary is the act where a person enters a building as a tresspasser with intent to steal, inflict GBH or cause criminal damage OR having entered a building steals or inflicts GBH.

There is no consideration for the time of day.

As you can see you do not have to steal or intend to steal anything in order for the offence for burglary to be complete. For example, someone could break into your house in the middle of the day whilst your in work and spray paint the interior walls. Nothing is stolen but the offence is still burglary.

"isitme"

Ed209 has given the only sensible answer on this so far.
In the UK it's burglary, pure and simple. There's no such thing as an offence of housebreaking. They used to qualify the offence as either burglary (dwelling) or burglary (other than dwelling). The time has no bearing on the matter.

ALEX N

anyone who enters my house illegally will suffer the ultimate punnishment . STUFF THE LAW it is an ***

laughter_every_day

The common law definition of burglary, (modified by statute in every state) was limited to "nighttime." That was defined as the time between dusk and dawn.

species736

Care to elaborate?

kitty

Anytime you enter someones home without their permission, find another way to amuse yourself!

Rych

What is all this stuff about being at night?? I'm guessing only in America lol? Rights freedom etc etc etc..

If you break into someones house without their concent then you broke in, if you stole something then you stole something. IT DOESN'T MATTER WHAT TIME YOU COMMIT A CRIME, YOU STILL COMMITED THE CRIME!

Karner

after 6pm

Colin-why?

Daylight is housebreaking----darkness is burglary

Pixel

3-4 am

or during the day while ppl are at work

Eric D

At common law, I believe burglary is defined as the breaking and entering of a dwelling house of another at night to commit a felony therein. Therefore, it would only be burglary if the crime occurred at night. The "hours" during which a burglary, under the common law, could occur would depend on the time of year and the location in which the incident occurred.

trapic

Between 1am and 4am.Definitely...

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