Depending on the jurisdiction, burglary often includes the attendant circumstance that the area entered is a structure, building, or vehicle belonging to another. 1 However, modern jurisdictions have eliminated the requirement that the property belong to another 2 and prohibit burglarizing property owned by the defendant, such as a landlord burglarizing a tenant’s apartment. Some jurisdictions require a structure or building to be occupied, 3 or require it to be a dwelling, 4 and require a vehicle to be locked. 5 A few jurisdictions also retain the common-law attendant circumstance that the burglary take place at nighttime. 6
Structure or building generally includes a house, room, apartment, shop, barn, or even a tent. 7 The Model Penal Code expressly excludes abandoned structures or buildings (Model Penal Code § 221.1(1)). A dwelling is a building used for lodging at night. 8 Occupied means that the structure or building can be used for business or for lodging at night and does not necessarily require the actual presence of a person or victim when the criminal act takes place. 9 Nighttime means the time after sunset and before sunrise when it is too dark to clearly see a defendant’s face. 10
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