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True or False:In order to constitute burglary, there must be a physical breaking and entering of a building as defined in the penal code.

User Wallyk
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Final answer:

Burglary does not always require physical breaking and entering; it is defined as unlawful entry with intent to commit a crime, and jurisdictions have varying definitions which may not require forceful entry.

Step-by-step explanation:

False. While the traditional definition of burglary does involve a physical breaking and entering, modern legal definitions may vary by jurisdiction. Generally, burglary is defined in the penal code as the unlawful entry into a building or other premises with the intent to commit a crime, usually theft.

The requirement for breaking can be satisfied by any use of force, however slight, to gain entry. In some jurisdictions, even entering without force, such as by deception or through an unlocked door, can constitute burglary if done with the intent to commit a crime within.

User StephenH
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