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Third-degree burglary is the broadest, and applies to any building or other premises. He distinguished this from housebreaking because the night aggravated the offence since the night time was when man was at rest. In the case of breaking and entering, the Finnish penal code states that. In such cases, the maximum punishment is two years' imprisonment. This degree also includes two other offenses that do not have breaking and entering as an element: Being in or on the yard, garden, or other property of a storehouse or dwelling with the intent to commit theft, or possession of burglar's tools with the intent to use them in a burglary offense. The Commonwealth of Massachusetts uses the term "burglary" to refer to a night-time breaking and entering of a dwelling with the intent to commit a felony.

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Finally, if any people break and enter a dwelling house while said dwelling is occupied, either in the day or night time, with intent to commit any misdemeanor except assault and battery or trespass which falls under the previous paragraph , shall be guilty of a class 6 felony.

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Even if nothing is stolen in a burglary, the act is a statutory offense. The crime is commonly referred to in Canada as break and enter , which in turn is often shortened to B and E. Additionally, if any people commit any of the acts mentioned in the VA state code section Under Scots law , the crime of burglary does not exist.

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