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 New Jersey, the crime of burglary is defined under N.J.S.A. 2C:18-2. The statute has broadened the traditional definition of burglary to include entering a research facility, structure, or separately secured or occupied portion thereof, without permission and with the intent to commit an offense therein. The offense is typically considered a second-degree crime if the perpetrator purposely, knowingly, or recklessly inflicts, attempts to inflict, or threatens to inflict bodily injury on anyone, or is armed with or displays what appear to be explosives or a deadly weapon. Otherwise, it is considered a third-degree crime. New Jersey does not have a distinct criminal offense solely for breaking and entering; such acts are encompassed within the burglary statute. Additionally, New Jersey law criminalizes other related property crimes, such as criminal trespass, which may involve unlawful entry without the intent to commit an additional crime inside the building.