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Cfourexplore
Location: North Carolina Gender: Male Total Likes: 583 likes
Never a dull moment in Midworld.
| | | Re: how to avoid B&E charges < Reply # 4 on 4/15/2019 1:18 AM > | Reply with Quote
| | | If you enter an abandoned building, or the property it's on, 9 times out of ten you're breaking some law or another; trespassing, unlawful entry, ect. Not sure how you'd 'accidentally' break in, but actually breaking, jimmying, or destroying something to gain entry is gonna carry a heavier (and felonious) B&E charge than just climbing through an opening or walking in a door. Of course, committing the lesser of the two won't immunize you from the risk of having the book thrown at you. RescueMe makes good points; don't be stupid when you're caught...you're just an innocuous and curious explorer who maaaay have missed that 'keep out' sign (ahhh, selective perception). And yes, don't get caught with tools. If possible it's probably better to be caught outside than in, so know your exits and approaches, be aware of what's going on around you. Personally if I can't find a PoE, I let it go, and wait for another day, or look for another site. As for alarms, there are several other members that have experiences and advice more helpful than I could give; I haven't had it happen yet, but assuming I heard it go off, I'd likely GTFO ASAP. Good luck out there!
| "When you've truly done something right, people won't be sure you've done anything at all." |
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| | | | Re: how to avoid B&E charges < Reply # 7 on 4/15/2019 3:39 AM > | Reply with Quote
| | | The law varies according to country, state and county, etc. US National Parks and Federal properties have their own set of laws. "The breaking and entering the house of another in the night time, with intent to commit a felony therein, whether the felony be actually committed or not.[4][5][6] Breaking can be either actual, such as by forcing open a door, or constructive, such as by fraud or threats.[4] Breaking does not require that anything be "broken" in terms of physical damage occurring. A person who has permission to enter part of a house, but not another part, commits a breaking and entering when they use any means to enter a room where they are not permitted, so long as the room was not open to enter.Entering can involve either physical entry by a person, or the insertion of an instrument to remove property. Insertion of a tool to gain entry may not constitute entering by itself.[4]Note that there must be a breaking and an entering for common-law burglary. Breaking without entry or entry without breaking is not sufficient for common-law burglary.Although rarely listed as an element, the common law required that "entry occur as a consequence of the breaking".[7] For example, if a wrongdoer partially opens a window with a pry bar—but then notices an open door, which he uses to enter the dwelling, there is no burglary under common law.[7][Note 1] The use of the pry bar would not constitute an entry even if a portion of the prybar "entered" the residence. Under the instrumentality rule the use of an instrument to effect a breaking would not constitute an entry. However, if any part of the perpetrator's body entered the residence in an attempt to gain entry, the instrumentality rule did not apply. Thus, if the perpetrator uses the prybar to pry open the window and then used his hands to lift the partially opened window, an "entry" would have taken place when he grasped the bottom of the window with his hands.[7][8]House includes a temporarily unoccupied dwelling, but not a building used only occasionally as a habitation.[4]Night time is defined as hours between half an hour after sunset and half an hour before sunrise.[4]Typically this element is expressed as the intent to commit a felony “therein”. The use of the word “therein” adds nothing and certainly does not limit the scope of burglary to those wrongdoers who break and enter a dwelling intending to commit a felony on the premises.[7] The situs of the felony does not matter, and burglary occurs if the wrongdoer intended to commit a felony at the time he broke and entered.[7] The common-law elements of burglary often vary between jurisdictions. The common-law definition has been expanded in most jurisdictions, such that the building need not be a dwelling or even a building in the conventional sense, physical breaking is not necessary, the entry does not need to occur at night, and the intent may be to commit any felony or theft.[9]" The breaking and entering the house of another in the night time, with intent to commit a felony therein, whether the felony be actually committed or not.[4][5][6] https://en.m.wikipedia.org/wiki/Burglary
| Just when I thought I was out... they pulled me back in. |
| blackhawk This member has been banned. See the banlist for more information.
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| | | | Re: how to avoid B&E charges < Reply # 9 on 4/15/2019 5:10 PM > | Reply with Quote
| | | Posted by Gothic Ghoul Accidental B&E?
| You mean like in Asia? The charges can fall under burglary even if you walk through an open door. One member recently had this experience. They may care to comment here... Going through an open window is even more problematic if caught. You need not force or break anything to be charged. Depends on the LEO and the DA how much hassle, lose of money and criminal record you will or won't incur.
| Just when I thought I was out... they pulled me back in. |
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