PC §306 - BREAKING & ENTERING

CLASS D MISDEMEANOR

Section 1: Definitions

1. Breaking and Entering: The act of unlawfully and forcibly entering a building, structure, vehicle, or other enclosed space with the intent to commit a crime therein.

2. Building: Any structure, whether permanent or temporary, used for residence, business, or other purposes, including houses, apartments, offices, and commercial establishments.

3. Vehicle: Any mode of transportation, including cars, trucks, motorcycles, and boats.

4. Forcibly: Using physical force, threats, or deceit to gain entry.

5. Intent to Commit a Crime: The determination or resolve to engage in criminal activity once entry is achieved.

Section 2: Offenses

1. Breaking and Entering into a Dwelling:

   • It shall be unlawful for any person to forcibly and unlawfully enter a building used as a residence with the intent to commit a crime therein.

2. Breaking and Entering into a Non-Residential Building:

   • It shall be unlawful for any person to forcibly and unlawfully enter a building not used as a residence, such as offices, shops, or warehouses, with the intent to commit a crime therein.

3. Breaking and Entering into a Vehicle:

   • It shall be unlawful for any person to forcibly and unlawfully enter a vehicle with the intent to commit a crime therein.

4. Aggravated Breaking and Entering:

   • It shall be unlawful for any person to commit breaking and entering while armed with a deadly weapon, or if the act results in bodily harm to any person present.

Section 3: Exceptions

1. Lawful Entry:

   • This code shall not apply to individuals who enter a property with the consent of the owner or occupant, or who have a legal right or authorization to enter.

2. Emergency Situations:

   • This code shall not apply to actions taken in good faith during emergency situations where immediate entry is required to prevent harm or provide aid.

3. Law Enforcement Activities:

   • This code shall not apply to law enforcement, emergency, or government personnel performing their official duties within the scope of their employment and in accordance with applicable laws and policies.

JAIL TIME

40 SECONDS OF JAIL TIME.

BOND SET

$4,000.00