Burglary - Clery Crimes/Hierarchy Rules
a. Burglary is unlawful entry of a structure to commit a felony or a theft. This includes unlawful entry with intent to commit a larceny or felony, breaking and entering with intent to commit a larceny, housebreaking, safecracking and all attempts to commit any of the aforementioned.
There are three categories of burglary:
- Forcible Entry: All offenses where force of any kind is used to unlawfully enter a structure for the purpose of committing a theft or felony. Entry through the use of tools; breaking or forcing windows, doors, transom or ventilators; cutting screens, walls or roofs, and if known use of master keys, picks unauthorized keys, celluloid, a mechanical contrivance such as a pass or skeleton key or any device that leaves no outward mark but forces a lock. Include concealment inside a building followed by exiting the structure.
- Unlawful Entry - No Force: Entry by use of an unlocked door or window. Includes thefts from open garages, open warehouses, open or unlocked dwellings, and open or unlocked common basement areas where entry is someone other than the lawful tenant.
- Attempted Forcible Entry: Forcible entry is attempted, but not completed.
An incident must meet three conditions to be classified as a burglary:
- There must be evidence of unlawful entry (trespass). Both forcible entry and unlawful entry -- no force is counted.
- The unlawful entry must occur within a structure, which is defined as having four walls, a roof, and a door.
- The unlawful entry into a structure must show evidence that the entry was made in order to commit a felony or theft. If the intent was not to commit a felony or theft, or if the intent cannot be determined, the proper classification is Larceny.
The FBI UCR Office has recently clarified what they mean in the “conditions” 1. and 3. above regarding the word “evidence”. They stated that they do NOT mean PHYSICAL EVIDENCE. “EVIDENCE” to the FBI UCR Office means “THE FACTS OF THE CASE”. Agencies are required to consider the facts of the case as described by the victim and the information obtained in the subsequent preliminary investigation or full investigation, if there is one.
- Count one offense per distinct operation.
- Only count crimes meeting UCR definition.
- Count one offense for each residence, dorm room or structure if more than one was entered.
- Burglaries in Suites: Each bedroom in a student housing facility suite is considered a separate dwelling. Count the Burglary of four bedrooms and the common room in a suite during a single incident as five burglaries.
- Do NOT count more than one offense per academic/ administrative building regardless of the number of classroom or offices entered, unless the offenses are not committed at the same time and place and the time interval and distance between offenses is significant.
- Do NOT count offenses based on local law classification or institutional policy definitions.
Structure includes but is not limited to apartments, barns, cabins, churches, condominiums, dwelling houses, factories, garages, house trailers or houseboats (used as permanent dwellings), mills, offices, out buildings, public buildings, railroad cars, rooms, schools, stables, storage facilities, vessels (ships), and warehouses. This includes mobile units permanently fixed and used as an office, residence or storehouse.
Key Questions to ask at the scene of a theft that occurs in a structure on campus:
- Were there signs of forcible entry?
- Was the victim’s space (room/office) locked?
- Was the building in a locked or secured mode when the theft occurred?
- Does it appear that someone defeated the locking mechanism or unlawfully used a master key to enter the space?
- In a suite in a residential facility -- how many rooms were entered?
- When is the last time the victim saw the property?
- When did victim notice the property missing?