Wichita Bail Bonds Blog

Under common law, burglary is defined as the breaking of the dwelling house of another in the nighttime with the intent to commit a felony inside. This traditional definition comes from English common law and serves as the foundation for modern burglary statutes used in Kansas and other U.S. states today.

Elements of the Common Law Offense

To prove burglary under common law, prosecutors had to establish five key elements,

• Breaking – The unlawful entry into a building by physically breaking or opening something, such as a door, window, or lock. Even opening an unlocked door could qualify as a “constructive breaking.”
• Entering – Any part of the offender’s body, or an instrument used to commit the crime, crosses the threshold of the building.
• Dwelling house – The structure entered must be a home or residence where someone lives or sleeps. Outbuildings or commercial properties didn’t count under the early common law.
• Of another – The dwelling must belong to someone other than the offender.
• At nighttime – Burglary at common law required the act to occur at night, when visibility was low and occupants were more likely to be home.
• Intent to commit a felony – The offender must have intended to commit a felony inside the dwelling, such as theft, assault, or arson.

Modern Burglary Laws

Most U.S. states, including Kansas, have broadened the definition of burglary. Modern statutes remove the “nighttime” requirement and expand the offense to include entering any building, structure, or vehicle with intent to commit a crime, felony or misdemeanor inside. The focus is now on unlawful entry and criminal intent rather than the time of day or the type of building.

Key Differences from Common Law

• Modern laws no longer require it to happen at night.
• Burglary can involve businesses, garages, or vehicles, not just homes.
• Intent may include any crime, not just felonies.

At common law, burglary meant breaking and entering someone’s home at night with intent to commit a felony. Modern laws, like those in Kansas, have expanded the definition to cover unlawful entry into nearly any structure or vehicle with intent to commit a crime.