Is Attempted Breaking and Entering a Crime?
Introduction
When it comes to law and order, crimes committed are categorized into various types. One of the most serious crimes is breaking and entering. This act involves forcibly and knowingly entering a person’s premises, vehicle, or land without their consent and committing an offense or possessing a thing stolen. With regards to the severity and nature of the crime, one might wonder: what if the perpetrator fails or tries to break and enter a premises? Is attempted breaking and entering a crime?
Is Attempted Breaking and Entering a Crime?
In many legal systems, including common law and civil law, there are laws that address various stages of a criminal act. For instance, an unsuccessful or attempted murder is treated as a crime, alongside successful murder. The principle that governs these attempts is called the doctrine of attempted crimes. An attempted breaking and entering would thus be considered a criminal act, as it intentionally approaches the criminal intent, albeit fails to achieve it**. This doctrine emphasizes the moral responsibility of an individual and acknowledges that attempting a serious crime is equivalent to a lesser degree of serious harm.
Variations in Jurisdiction and Legality
Different legal systems have varying laws addressing the criminality of an attempt to break and enter. Here are a few notable examples:
• In United States: Every jurisdiction, including federal courts and most states, prohibits and criminalizes attempted burglary and breaking and entering as well. In these situations, a person’s willful and intentional effort to gain entry into another person’s premises without consent amounts to an attempted breaking and entering, which can incur fines, prison terms, or both. For instance, 12 USC § 135 and 18 USC 81a.
• Common Law: Under Common Law, an attempted burglary and breaking and entering as part of the criminal scheme for property theft are acknowledged to be criminal offenses.
• Civil Law: Most countries under Civil Law treat an attempted breaking and entering as a serious and non-minor crime under a variety of headings.
• Canada: At first instance, attempted burglary was deemed a separate legal action and was only found criminally responsible. Although recent judgments have refined Canada’s law, attempting the illegal entry into someone’s house can still result in conviction. (For Instance: Regina v. Parker; 1991 R J. 333:1992 R.1 S. 105–10)
