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Yes, entering a home through an open window or unlocked door counts as "burglary", a.k.a. "break and enter".

The offense is an abstraction that doesn't require physically damaging any security mechanism.

By your reasoning, picking a lock or guessing a combination couldn't be breaking in because you didn't literally break anything.




> By your reasoning, picking a lock or guessing a combination couldn't be breaking in because you didn't literally break anything.

What reasoning? I said that "breaking and entering" can happen through an open window. My point was to modify the analogy so that the act of breaking & entering was "easy" and non-destructive bringing it closer to the level of severity in the situation that we are discussing.

Gaining access to someone's password has a much lower bar than something like picking a lock which requires a certain set of skills, and may imply a certain level of intent. The student didn't hookup a laptop to the school network and run metasploit.


Actually the definition includes "with criminal intent". Without that, there's no crime.


That aspect seems to be state-dependent in the US, according to:

http://en.wikipedia.org/wiki/Breaking_and_Entering#United_St...

In New York, the intent is not required. However, ironically with regard to this case, it is that way in Florida.


Hm. I followed that link, and didn't read anything about intent not being required. What did I miss?




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