Burglary Flashcards
What statute defines first-degree burglary in Maryland?
Criminal Law § 6-202.
What is the main element of first-degree burglary in Maryland?
Breaking and entering a dwelling with intent to commit a theft or violent crime.
What is the maximum penalty for first-degree burglary in Maryland?
20 years in prison (or 25 years if with intent to commit a violent crime).
What distinguishes a dwelling from other structures under Maryland burglary laws?
A dwelling is a structure used as a place to live, even if unoccupied at the time.
What is required for a second-degree burglary charge in Maryland?
Breaking and entering a storehouse with intent to commit theft, arson, or a violent crime (§ 6-203).
What is the maximum penalty for second-degree burglary in Maryland?
15 years, or 20 years if the intent was to steal a firearm.
What type of structure is typically involved in second-degree burglary?
Non-dwelling structures like stores, barns, garages, or warehouses.
What is third-degree burglary under Maryland law?
Breaking and entering a dwelling with intent to commit any crime (§ 6-204).
What is the difference between first and third-degree burglary?
First-degree requires intent to commit theft or a violent crime; third-degree requires intent to commit any crime.
What is the penalty for third-degree burglary?
Up to 10 years in prison.
What is fourth-degree burglary in Maryland?
Unlawful entry into a building, yard, or vehicle with intent to commit theft, without requiring breaking (§ 6-205).
What is the penalty for fourth-degree burglary?
Up to 3 years in prison.
Does Maryland require ‘breaking’ for all degrees of burglary?
No. Fourth-degree can involve just unlawful presence, even without breaking.
What does ‘breaking’ mean under Maryland law?
Any act of forcing entry, including opening an unlocked door or window.
Can entering through an open door be considered burglary in Maryland?
If there’s no breaking, it may qualify as fourth-degree burglary.
Is intent required for burglary charges in Maryland?
Yes. Intent to commit theft, a violent crime, or another crime is required.
Can someone be charged with burglary if the building was unoccupied?
Yes. Occupancy is not required for a burglary charge.
Is burglary considered a crime of violence in Maryland?
First-degree burglary with intent to commit a violent crime is considered a crime of violence.
What qualifies as a ‘storehouse’ under Maryland burglary law?
Any building not used as a residence, including businesses, barns, stables, or sheds.
Does Maryland law have a separate charge for possession of burglary tools?
Yes. Possession of burglar’s tools with intent to use them is a misdemeanor (§ 6-206).
What is the maximum penalty for possession of burglary tools in Maryland?
Up to 3 years in prison.
Is entering a vehicle with intent to steal something considered burglary in Maryland?
Yes, under fourth-degree burglary (§ 6-205(c)).
What does ‘constructive breaking’ mean under Maryland law?
Gaining entry by fraud, threats, or trickery instead of physical force.
Does Maryland law differentiate between burglary and robbery?
Yes. Burglary involves unlawful entry; robbery involves taking property by force or threat.
