Legal Question in Criminal Law in Massachusetts
Breaking and Entering
Is it considered "breaking and entering" by walking through an unoccupied, unlocked house under construction? Just walking through and looking around. Thank you.
2 Answers from Attorneys
Re: Breaking and Entering
It is clearly the crime of trespass to enter property without permission of the owner. A construction site does not extend an invitation to the public to enter. However, it is not the crime of breaking and entering unless a door was opened. If there were no doors installed, it should be trespass.
Re: Breaking and Entering
That is much more likely to be considered tresspassing than breaking and entering. If the doors are installed and you had to open them to get in it could be considered breaking and entering, though I don't think the case would be prosecuted seriously.
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