{"id":375955,"date":"2016-03-31T21:36:30","date_gmt":"2016-04-01T02:36:30","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/pennsylvania-law\/pennsylvania-burglary-laws.html"},"modified":"2018-02-28T17:46:20","modified_gmt":"2018-02-28T22:46:20","slug":"pennsylvania-burglary-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/pennsylvania-law\/pennsylvania-burglary-laws.html","title":{"rendered":"Pennsylvania Burglary Laws"},"content":{"rendered":"\n
\n \n
\n

Pennsylvania Burglary Laws<\/h1>\n
\n
\n

Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Overview of Pennsylvania Burglary Laws<\/h2>\n

Pennsylvania law defines burglary<\/a> as entering any portion of a building or occupied structure with the intent to commit a crime inside, unless the premises are open to the public at the time or the defendant is allowed to enter.<\/p>\n

The important element to note is that the defendant must have the intent to commit some kind of crime once he\/she has entered the building. It does not matter whether or not the planned crime actually took place. If the defendant had the intent to commit it after entering the building or structure, then a burglary has been committed.<\/p>\n

See FindLaw’s Property Crimes<\/a> section to learn more about similar crimes.
\n<\/p>\n

Also, it does not require that any physical breaking and entering has occurred. The door to the building may have been left wide open and the defendant could have just stepped inside freely.<\/p>\n

If the defendant commits a crime in addition to burglary at the time of his\/her offense, the defendant may only be charged with burglary and not the crime committed once he\/she was inside. However, if that crime constituted a first or second degree felony<\/a>, then that may be charged separately. Thus the defendant may be convicted of both burglary as well as the criminal charge for the felony crime committed inside the structure or building.<\/p>\n

Defenses to Burglary Charges<\/h2>\n