Gale Encyclopedia of American Law Volume 2 P20 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 178 BURGLARY window burglary was not committed. The same rule applied when a door or window was partially open even though it was necessary to open it further in order to enter. The rationale underlying this rule was that one who failed to secure his or her dwelling was not entitled to the protection of the law. A majority of states no longer follow this rule and consider breaking to be the slightest application of force to gain entry through a partially accessible opening. When entry is gained by a misrepresentation of identity or by any other trick it is called constructive breaking which satisfies the breaking requirement of burglary. However if a person such as a servant has authority to enter there is no breaking unless he or she breaks into and enters an unauthorized area. Under the common law the breaking had to occur immediately before the time of entry. Most jurisdictions that retain the breaking element are in agreement in others the breaking can occur during a reasonable time before the entry. some jurisdictions have completely eliminated the element of breaking from the statutory definition of burglary while others require it for one degree of burglary but not another. Entry In the course of a burglary entry is the act that follows the breaking. Literally it occurs when there is physical intrusion into another s dwelling or building by any part of the intruder s body. A momentary intrusion will suffice. When a thief kicks open a window to gain access to a dwelling the momentary insertion of the foot constitutes an entry. When an instrument is used to gain access to a dwelling the intrusion of the instrument is not an entry unless it is used to accomplish the intended felony. If the instrument is used to take something from inside the building there is an entry sufficient for burglary. An entry may be constructive. In other words it is not always required that the thief enter the dwelling. If he or she directs another person not legally capable of .
