The acts of breaking and entering a building were historically part of the definition of the crime of burglary. But most states have since broadened the definition of burglary to include any entry into a building without the permission of the owner and with the intent to commit a theft, assault, or other crime inside the building. But a few states still have a distinct criminal offense of breaking and entering a building.

And some states have a similar criminal offense of forcible and unlawful entry that make it a crime to force entry into an automobile, safe, ATM, parking meter, or vending machine.

Breaking and entering laws (and related property crime laws) are usually located in a state’s penal or criminal code (statutes).

In Massachusetts, the crime of burglary is defined under Massachusetts General Laws Chapter 266, Section 14. Burglary involves entering a building, ship, vessel, or vehicle at night with the intent to commit a felony. The definition has been broadened to include the intent to commit any felony, not just theft or assault. Massachusetts law also recognizes the separate offenses of breaking and entering in the daytime with the intent to commit a felony (MGL Chapter 266, Section 18) and breaking and entering with the intent to commit a misdemeanor (MGL Chapter 266, Section 16A). Additionally, the state has specific statutes for breaking and entering into a depository (MGL Chapter 266, Section 15A) and into a vehicle or boat (MGL Chapter 266, Section 20A). These laws reflect the broader definition of burglary that includes unauthorized entry with the intent to commit a crime, and they also address the distinct offense of breaking and entering.