housebreaking

housebreaking. The crime of breaking into a dwelling or other secured building, with the intent to commit a felony inside; BURGLARY. • Burglary is now used more frequently than housebreaking. In England, for example, housebreaking was replaced in 1968 with statutory burglary, though the term is still used in Scots law. In some jurisdictions, housebreaking includes “breaking out” of a house that was entered without a breaking. [Cases: Burglary

1. C.J.S. Burglary §§ 2–5.]

“The oldest term for this purpose [i.e., of distinguishing between common-law burglary and its statutory enlargements], still encountered at times, is ‘housebreaking’; a more recent suggestion is ‘breaking and entering,’ and peace officers sometimes speak of a ‘breakin.’ ” Rollin M. Perkins & Ronald N. Boyce, Criminal Law 270 (3d ed. 1982).

constructive housebreaking. A breaking made out by construction of law, as when a burglar gains entry by threat or fraud.

— Also termed constructive breaking into a house. [Cases: Burglary

9. C.J.S. Burglary §§ 11–12, 16, 21–22.]

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法律翻译David，毕业于美国顶尖的高级翻译学院，专注翻译各类与电子证据开示与文件保全有关的法律文件。