Chapter 12 Burglary

• Library: SC Crimes: Elements and Defenses (SCBar) (2021 Ed.)

Chapter 12 Burglary

A. Introduction and Definitions

At common law, burglary was defined as the "breaking and entering the dwelling house of another in the nighttime with the intent to commit a felony therein." State v. Brooks, 283 S.E.2d 830, 832 (1981). Although the legislature rewrote the law on burglary in 1985, the "elements of common law burglary now constitute burglary, first degree under section 16-11-311(A)(3)." State v. Washington, 526 S.E.2d 709, 711 (2000) (common law burglary is the legal equivalent of first-degree burglary). Pursuant to the 1985 burglary statutes, the crime of burglary "no longer requires proof of a breaking." State v. Kornahrens, 350 S.E.2d 180, 185 n. 4 (S.C. 1986).

There are three degrees of statutory burglary, each of which is discussed below. The statutes share common characteristics and definitions, set out in S.C. Code Ann. § 16-11-10 and S.C. Code Ann. § 16-11-310.

1. Entry with the Intent to Commit a Crime

The element of entry "with the intent to commit a crime" is required for each of the three degrees of burglary. Under both statutory burglary and common law burglary, the intended crime can be either a misdemeanor or felony. See State v. Gilliland, 741 S.E.2d 521, 527 (S.C. Ct. App. 2012) (noting that violating a protective order, a misdemeanor, is a crime sufficient for first-degree burglary). The crime need not be completed for the commission of the burglary. See State v. Henley, 837 S.E.2d 639, 646 (S.C. 2019) (noting that for burglary, there was no requirement that State prove defendant successfully completed intended crime inside the home); State v. Mitchell, 731 S.E.2d 889, 896 (S.C. Ct. App. 2012) (same).

The defendant must have the intent to commit a crime inside the dwelling at the time he or she enters the dwelling. The defendant's actions "after he entered the house can be evidence used to determine if he had the intent to commit a crime at the time of entry." State v. Pinckney, 529 S.E.2d 526, 527 (S.C. 2000); see also State v. Meggett, 728 S.E.2d 492, 498 (s.C. Ct. App. 2012) (finding that defendant's actions after entering the victim's home, committing sexual assault, supported reasonable inference that he possessed intent to commit crime when he entered).

2. Dwelling and Building

The terms "dwelling" and "building" are used separately in the burglary statutes, even though there is some overlap in the definitions. "Dwelling" is defined in both S.C. Code Ann. § 16-11-10 and S.C. Code Ann. § 16-11-310. In S.C. Code Ann. § 16-11-10, "dwelling house" is defined as:

any house, outhouse, apartment, building, erection, shed or box in which there sleeps a

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