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 York, the crime of burglary has indeed been broadened beyond the traditional definition of breaking and entering. Under New York Penal Law, burglary is defined as knowingly entering or remaining unlawfully in a building with intent to commit a crime therein, regardless of whether there is a breaking. The degrees of burglary range from third degree (a class D felony) to first degree (a class B felony), depending on factors such as whether the perpetrator is armed or if the building is a dwelling. New York does not have a distinct criminal offense named 'breaking and entering'; instead, such acts are typically prosecuted under burglary or criminal trespass statutes. Additionally, New York law criminalizes the possession of burglar's tools (Section 140.35) and includes specific offenses for unauthorized entry into a motor vehicle (Section 165.08), which is a class A misdemeanor. The state does not have a separate statute for forcible and unlawful entry into other types of property like safes or vending machines, but such acts would likely be prosecuted under general theft or burglary statutes.