Statutory Burglary Law & Legal Definition


Statutory Burglary is the modern statutory criminal offense of breaking and entering any building to commit a felony. The building need not be a dwelling, and the offense need not be committed at night to constitute burglary.

Statutory burglary refers to burglary as codified by statute. Modern burglary statutes vary from state to state. However, most statutes are grounded in the common law of burglary, which defines the crime as a specific form of breaking and entry.

The following is an example of a case law defining the term:

Statutory burglary is defined in Virginia as an entry with or without breaking, with the intent to commit larceny or any felony other than murder, rape or robbery. Va. Code Ann. § 18.2-91. [United States v. Mangum, 1992 U.S. App. LEXIS 28425 (4th Cir. 1992)].