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Re:US Supreme Court Restricts Scope of Computer Fraud and Ab... by Dylan16807 on Thursday June 03, 2021 @05:38PM (#27387682)
So if they come in with full intent to water the plants and walk off with your things, and do so, they'll be charged with "breaking and entering"? That really shouldn't be a valid charge. It should be pure larceny.
Re:US Supreme Court Restricts Scope of Computer Fraud and Ab... by treis on Thursday June 03, 2021 @05:45PM (#27387769)
In that case no because they didn't enter with the intent to commit a felony.
Re:US Supreme Court Restricts Scope of Computer Fraud and Ab... by Dylan16807 on Thursday June 03, 2021 @05:49PM (#27387829)
You may not have caught the first-minute edit I made. Or I worded it badly.

Presume they had intent to water and steal at a felony level when they entered.

Re:US Supreme Court Restricts Scope of Computer Fraud and Ab... by treis on Thursday June 03, 2021 @06:14PM (#27388125)
Then that's a crime. The innocent motivation doesn't wash away the guilty one.
Re:US Supreme Court Restricts Scope of Computer Fraud and Ab... by Dylan16807 on Thursday June 03, 2021 @06:28PM (#27388236)
If they walked through an already-open door with the intent to steal, entering wouldn't be burglary, at least not under the rules I'm used to.

If they had to break open the door, entering would be burglary.

Using a key they were supposed to have, to enter a building they were supposed to be able to enter? I would say it should be treated like the former case, not the latter case.

US law may not always agree with me, and apparently there are states where shoplifting can count as burglary. But I say stretching the definition that far is ridiculous.