The Crime of Unlawful Entry
Unlawful entry is considered a violation of tort laws in accordance to trespassing regulations. Trespassing regulations can occur to a person, to a chattel or personal property, and to land. Unlawful entry is considered to fall within the trespass to land category.
Unlawful entry can therefore be defined as an intentional action to violate the rights of person over his/her real property. This can entail various situations and it should be noted that unlawful entry does not have to constitute any harm or injury to the actual person to be considered as such. Unlawful entry is simply physically entering a property without the proper consent of the owner.
Unlawful entry, also known as breaking and entering, is usually the term used in law enforcement in regards to the criminal act of entering a building, home, or facility of any kind with the intention of committing some sort of illegal act. Typically, the illegal act associated with breaking and entering will usually involve burglary or theft. Furthermore, breaking and entering is also further defined by taking each term and providing a definition.
Breaking will involve the forcing of any impeding structure, such as a door or fence, for the purpose of entering a building structure illegally. However, this also does not necessarily mean that a physical destruction be necessary to qualify. Entering is the actual physical entry of a person or some sort of instrument or item without permission from the owner of the property. However, depending on jurisdictions and laws, there will be differences in the definition of unlawful entry and breaking and entering.