Theft and burglary are separate crimes, with burglary requiring unauthorized entry with intent to commit a crime, and theft involving unauthorized control over another’s property. Burglary can be committed without theft, and theft can be charged in various ways, including identity theft. The two crimes often overlap, but theft does not usually elevate burglary to a higher level.
While often used together to describe a crime, theft and burglary are usually distinct and separate crimes. Each jurisdiction around the world, and even within the United States, will have its own definition of theft and burglary; however, commonalities are frequently found between the theft and burglary laws. Typically, burglary requires that the defendant entered a facility without permission with the intent to commit a separate and distinct crime, while burglary requires demonstration that the defendant exercised unauthorized control over the property of another person.
One reason the crimes of theft and burglary are commonly associated with each other is that the separate crime often required to convict a burglary defendant is often theft. It is important to understand, however, that a burglary can be committed without theft, and a burglary can be committed without a burglary. Theft, by itself, is usually a significantly lesser crime than burglary.
Most burglary statutes require three basic elements: entering a home, building, or structure; enter illegally or without permission; and enter with the intention of committing a crime, usually a felony. Burglary can usually be charged with varying degrees of severity depending on factors, such as whether a weapon was used, what structure was entered, and what crime the defendant intended to commit. Theft is often the intended offense, and while it is a serious crime, it does not usually elevate a burglary to a higher level, such as rape.
Theft, like burglary, can also be charged for in a number of ways. Traditionally, theft was charged when a defendant exercised unauthorized control over physical property, such as money or personal property. Auto theft is another common theft charge. In the digital age, a new type of theft has emerged: identity theft. A person’s identity, as well as his money, is considered property and, therefore, can be the subject of theft.
When a perpetrator enters a home, building, or structure without permission and with the intention of exercising unauthorized control over another person’s property, that’s when theft and burglary mix. The predicate offense required for burglary need not be theft. Often the crime the perpetrator intended to commit was another crime, such as rape or vandalism. Theft, however, is often the intended purpose of burglary, which is why the two crimes are often thought of together.
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