When an unlawful break-in of a structure, such as a cabin or summer home which is occupied for only part of a year, occurs, and a theft or felony is committed, how is this crime classified and scored?

When unlawful entry of a cabin or another summer home occurs, police must score a burglary provided there is the intent to commit a felony or theft, and the building itself is, in fact, a structure (p. 28). The duration of occupancy is not a factor in the consideration of the burglary offense.

An individual places his illegal drugs inside an abandoned building. The sale of these drugs occurs on the street, usually in various small quantities to avoid having a large quantity on their persons at any one time. The activity regarding the building does not contain any felony or theft inside the structure.

It appears that the burglary intent may not be met in instances such as this. Would this be scored as a burglary? That depends on the determination by the local agency.

The UCR Program defines burglary as "The unlawful entry of a structure to commit a felony or a theft" (p. 28). Further, "A forcible entry or unlawful entry where no theft or felony occurs but acts of vandalism, malicious ... more.

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