Question

Hungry Harold goes by the home of Juanita Martinez. Juanita has just finished baking a cherry pie and sets it in the open windowsill to cool. Harold smells the pie from the sidewalk. It is twilight; while still light, the sun has officially set. Harold reaches into the window frame and removes the pie. Technically, has Harold committed burglary?

Answer 1

Answer: Harold has not committed any burglary, because he did not forcefully gain entry to take the pie from the window. The or was not protected and the widows were open. This can be categorized as theft but not burglary.

Explanation: Burglary is a forceful access to a protected environment or property, to steal or to implicate. Because Juanita Martinez has kept her pies open and unprotected, by opening the window, knowing fully well that the aroma from the pie can attract attention. Harold has stolen the pie, because he collected it without the consent of the owner, but he has not committed burglary because he didn't apply any forceful entry to collect the pie.

Answer 2

Answer: Technically, Harold has NOT committed Burglary.

Explanation: Burglary can be defined as a crime of UNLAWFULLY breaking INTO a vehicle, house, store or other ENCLOSURE with the intent to steal.

Technically, for a crime to be labelled as burglary, it must fulfill some elements such as breaking and entering an enclosure, with the intent to commit a felony or with the intention of committing theft, grievous bodily harm, or damage.

Of course, Harold broke but didn't enter. This cannot be classified as burglary but rather as theft.