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 South Dakota, the crime of burglary is defined under South Dakota Codified Laws (SDCL) 22-32-1. The statute has indeed broadened the traditional definition of burglary. It states that any person who enters or remains in an occupied structure with intent to commit any crime therein, unless the premises are at the time open to the public or the person is licensed or privileged to enter or remain, is guilty of burglary. This definition does not require the act of 'breaking' as a necessary element, aligning with the modern trend of broadening the scope of burglary. Additionally, South Dakota law also addresses the unlawful entry into vehicles under SDCL 22-32-16, which makes it a crime to enter or surreptitiously remain in any vehicle with the intent to commit a crime inside. The state's penal code thus reflects a comprehensive approach to property crimes, including both burglary and unlawful entry into various types of property.