Burglary; Breaking and Entering - Maryland Law

Burglary / Breaking and Entering 

The term “burglary” is synonymous with the term “breaking and entering” in Maryland, with some exceptions. 

1st Degree Burglary 

• Break and enter a dwelling of another to commit a theft; or
• Break and enter a dwelling of another to commit a crime of violence (see list of crimes of violence under CR 14-101) 

2nd Degree Burglary

• Break and enter a storehouse of another with intent to:
• Commit a theft; or
• Commit a crime of violence (see CR 14-101); or
• Commit an arson in the 2nd degree; or
• Steal a firearm.

3rd Degree Burglary - break and enter a dwelling of another to commit (any other) crime

4th Degree Burglary

• Break and enter the dwelling of another; or
• Break and enter a storehouse of another; or
• With intent to commit a theft, be in or on a dwelling, storehouse, yard/garden/other area; or
• possess burglar’s tools with intent to use them.

The violations above are either felonies or misdemeanors. Felonies include: 1st, 2nd, and 3rd degree burglaries. Any 4th degree burglary is a misdemeanor. 4th degree burglaries are not excepted misdemeanors (see warrantless arrests), meaning law enforcement cannot make an on-view arrest unless the officer personally witnesses the crime occurring in view of the officer. All felonies, however, regardless of whether the officer saw or was in view of the crime, may result in an arrest. 

Crimes of Violence (MD CR 14-101) - Legal Definition

Maryland Crimes of Violence 

These crimes are specified in Criminal Law article (CR) 14-101. 

Those crimes of violence, often referenced in other portions of Maryland law, include the following: 

(1) abduction;

(2) arson in the first degree;

(3) kidnapping;

(4) manslaughter, except involuntary manslaughter;

(5) mayhem;

(6) maiming, as previously proscribed under former Article 27, §§ 385 and 386 of the Code;

(7) murder;

(8) rape;

(9) robbery under § 3-402 or § 3-403 of this article;

(10) carjacking;

(11) armed carjacking;

(12) sexual offense in the first degree;

(13) sexual offense in the second degree;

(14) use of a firearm in the commission of a felony except possession with intent to distribute a controlled dangerous substance under § 5-602(2) of this article, or other crime of violence;

(15) child abuse in the first degree under § 3-601 of this article;

(16) sexual abuse of a minor under § 3-602 of this article if:

(i)

1. the victim is under the age of 13 years and the offender is an adult at the time of the offense; or

2. the offender is at least 21 years old and the victim is under the age of 16 years; and

(ii) the offense involved:

1. vaginal intercourse, as defined in § 3-301 of this article;

2. a sexual act, as defined in § 3-301 of this article;

3. an act in which a part of the offender’s body penetrates, however slightly, into the victim’s genital opening or anus; or

4. the intentional touching of the victim’s or the offender’s genital, anal, or other intimate area for sexual arousal, gratification, or abuse;

(17) home invasion under § 6-202(b) of this article;

(18) a felony offense under Title 3, Subtitle 11 of this article;

(19) an attempt to commit any of the crimes described in items (1) through (18) of this subsection;

(20) continuing course of conduct with a child under § 3-315 of this article;

(21) assault in the first degree;

(22) assault with intent to murder;

(23) assault with intent to rape;

(24) assault with intent to rob;

(25) assault with intent to commit a sexual offense in the first degree; and

(26) assault with intent to commit a sexual offense in the second degree.