Page 27 - Insurance Times December 2019

O It involves entering without permission with with the intent to commit arson or steal a firearm. This
criminal intention. is a felony charge.

O It takes place when the victims are absent.
Y Third Degree Burglary
O It is not a violent crime
Entering any structure, whether residential or
Larceny - is a theft crime. It is a common law of crime. It is commercial, with the intent to commit any crime other
the taking of personal property belonging to another with than theft, violence, or arson, may be considered third
intent to permanently deprive the owner the use of degree burglary and as well as felony.
property and stealing of items which can be taken from one
place to another. It is wrongful and fraudulent taking and Y Fourth Degree Burglary
carrying away by one person of the mere personal goods It defines simply breaking and entering without
of another from any place with felonious intent to convert committing another crime, or simply having the intent
them to his or taker's use and move them his property to steal something from a building.
without consent of the owner. It is basically a fancy term
used to describe one type of theft. Common aspects of burglary
Y Burglary or theft is misdemeanour - means,
Y The theft of the property following the entry to the
O 1 a minor wrong doing
said premises by violent and forcible means (or)
O 2 a non-indictable offence as less serious than
Y Theft by a person in the premises who subsequently
felony
breaks out by violent and forcible means.
Residential Burglary vs. Commercial Y As whoever intending to take dishonestly any kind of
movable property/goods/things out of the possession
Burglary
of any person without the consent of that person or
Y Burglary involving an offender entering a home or of any person not having for that purpose any
living space is considered "residential burglary." authority, moves the property in order to such taking
Y Entering a store, shop, office building, or other is said to be commitment of theft.
structure used for business purposes with the intent
Y A person is said to commits house breaking/trespass,
to steal something, or to commit another type of if he effects his entrance into the house (or any part
felony, is considered "commercial burglary." Many
of it) or if being in the house (or in any part of it) for
people are surprised to learn that scraping price tags the purpose of committing an offence, or having
off merchandise, removing products from packaging to committed an offence therein he quit the house, such
avoid security devices, and other forms of theft that
entrance or exit being made by use of force in any kind
involve some effort to circumvent security or normally of form.
pricing are considered to be "commercial burglary".
Y Mere theft without of force and violent forcible entry
Degrees of Burglary is not sustainable, but burglary and house breaking falls
within the scope of burglary coverage.
When all of the elements of burglary are in place, most
states categorize the crime by the seriousness of the
offense. There are four main degrees of burglary: Legal aspects of Burglary Insurance
Y First Degree Burglary Y (Occupancy)
Entering someone's home with the intent to commit Where the coverage contains a warranty that the
theft or violence is considered first degree burglary. premises shall always be occupied, it does not mean
This is a felony charge. that the premises should at no time be left unattended,
but that they should be continuously occupied as a
Y Second Degree Burglary residence and/or not merely used as a lock up shop
It includes the same elements as first degree burglary, which is left unoccupied during the business hours.
with the exception that it applies to entering a Similarly, mere going away from the premises to an air
commercial building or place of business and may also raid shelter, for an hour or two/more during an air raid
be charged when the perpetrator entered a building at night does not constitute a breach of warranty.

The Insurance Times, December 2019 27