Page 27 - Insurance Times November 2019

the special meaning otherwise they have to be given their
natural grammatical tendency.

To constitute a loss within the meaning, of the policy, it is
also a necessary stipulation that the burglary or theft has
occurred in order to deprive the assured of the property
or valuable permanently. A temporary loss of property
would not entitle the assured to recover the value of the
property although it may be a criminal offence.

Elements of Burglary

Burglary is the illegal entry of a building with intent to
commit a crime, especially theft. Though burglary often
involves theft, theft doesn't have to be committed to be
charged with this crime. Entering into a building with the
intention of committing a crime is sufficient to be charged
with burglary. A person doesn't have to enter a building abandoned buildings under the definition of buildings
forcibly to commit a burglary, entering through an unlocked and structures when considering burglary charges.
door or window can also be viewed as burglary. Most often, entering an abandoned building is
classified as trespassing.
In the case of theft, burglary usually involves a thief
entering a house while the victims are not present and steal Intent to commit a crime
their property. If a thief enters your house and steals your Y The intent element of burglary requires the offender
valuable when you are absent, it can be termed as a to have intent to commit a crime inside the structure
burglary. This type of crime does not involve violence. they have entered. Such a crime may include anything
from theft or fraud, to assault.
Each state has specific definitions of what constitutes
burglary, their statutes defining certain elements of Aggravated burglary it is the same as a regular burglary,
burglary that must be in place for an individual to be except for one key difference and it means, if an individual
charged with the crime and such elements generally breaks into a home with the intent to steal or sexually
include: assault someone, this is enough for the individual to charge
(1) Unauthorized entry, with aggravated burglary.
(2) into a structure,
Night time: It is defined as hours between half an hour
(3) with intent to commit a crime. after sunset and half an hour before sunrise.

Unauthorised Breaking and Entry: Typically this element is expressed as the intent to commit
Y This element of burglary involves a person breaking a felony "therein". The use of the word "therein" adds
into or entering a structure using force or without nothing and certainly does not limit the scope of burglary
authorization from the owner. Simply creating an to those wrongdoers who break and enter a dwelling
access does not fulfil the breaking and entry element, intending to commit a felony on the premises. The situs of
as the offender must physically enter the structure. the felony does not matter, and burglary occurs if the
Even forcibly placing one body part inside the structure wrongdoers intended to commit a felony at the time they
can constitute burglary, as this constitutes physical broke and entered.
entry.
Theft: In common usage, theft is the taking of another
Into a Structure person's property or services without that person's
Y This element of burglary requires the offender to enter permission or consent with the intent to deprive the
housing, buildings, or other types of structures, rightful owner of it. The word is also used as an informal
including garages or sheds. Most states do not include shorthand term for some crimes against property, such as

The Insurance Times, November 2019 27