this post was submitted on 03 Jan 2024
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[–] [email protected] 3 points 8 months ago

Common law and some jurisdictions require burglary to occur at night which I thought was interesting. In many cases, the intended crime must be a felony to be within the definition of burglary.

An example modern burglary statute (Texas) can be found here:

https://casetext.com/statute/texas-codes/penal-code/title-7-offenses-against-property/chapter-30-burglary-and-criminal-trespass/section-3002-burglary#:~:text=Section%2030.02%20%2D%20Burglary%20(a),%2C%20theft%2C%20or%20an%20assault.

For Texas, the perp must intend a felony, theft, or assault (a lesser included offensive of battery, so no saying I intended battery not assault).