Re:When your classmates threaten you with felony charges
by sokoloff on Monday August 28, 2023 @04:34PM
(#37300065)
> You can be convicted of breaking & entering through an open door.
That does not appear to be the case in Massachusetts. Here are the jury instructions relevant to B&E in the nighttime, with the full link below:
To prove the defendant guilty of this offense, the
Commonwealth must prove four things beyond a reasonable doubt:
First: That the defendant broke into someone else’s (building)
(ship) (vessel) (vehicle);
Second: That the defendant entered that (building) (ship) (vessel)
(vehicle);
...
To prove the first element, the Commonwealth must prove
beyond a reasonable doubt that the defendant exerted physical force,
however slight, and thereby removed an obstruction to gaining entry
into someone else’s (building) (ship) (vessel) (vehicle). Breaking
includes moving in a significant manner anything that barred the way
into the (building) (ship) (vessel) (vehicle). Examples would include
such things as (opening a closed door whether locked or unlocked)
(opening a closed window whether locked or unlocked) (going in
through an open window that is not intended for use as an entrance).
On the other hand, going through an unobstructed entrance such as
an open door does not constitute a breaking.
(Italicized emphasis is mine.) Entering through an open door appears to be an entering (the second element of the crime), but not a breaking (the first element). IANAL.
That does not appear to be the case in Massachusetts. Here are the jury instructions relevant to B&E in the nighttime, with the full link below:
To prove the defendant guilty of this offense, the Commonwealth must prove four things beyond a reasonable doubt:
First: That the defendant broke into someone else’s (building) (ship) (vessel) (vehicle);
Second: That the defendant entered that (building) (ship) (vessel) (vehicle);
...
To prove the first element, the Commonwealth must prove beyond a reasonable doubt that the defendant exerted physical force, however slight, and thereby removed an obstruction to gaining entry into someone else’s (building) (ship) (vessel) (vehicle). Breaking includes moving in a significant manner anything that barred the way into the (building) (ship) (vessel) (vehicle). Examples would include such things as (opening a closed door whether locked or unlocked) (opening a closed window whether locked or unlocked) (going in through an open window that is not intended for use as an entrance). On the other hand, going through an unobstructed entrance such as an open door does not constitute a breaking.
(Italicized emphasis is mine.) Entering through an open door appears to be an entering (the second element of the crime), but not a breaking (the first element). IANAL.
https://www.mass.gov/doc/8100-breaking-and-entering-a-buildi...