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View Diary: It keeps happening: Faceless Bank's Repo Contractor hauls all of W Va. Woman's possessions to dump (279 comments)

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  •  I'm not sure "breaking and entering" (6+ / 0-)

    necessarily requires intent to steal to be a criminal offense.  

    Otherwise - I can just go around breaking in to peoples' houses, and as long as I have no intent to steal, there's no criminal charge?

    A new hobby, perhaps . . .

    Fiat justitia ruat caelum "Let justice be done though the heavens fall."

    by bobdevo on Fri Aug 30, 2013 at 05:44:02 AM PDT

    [ Parent ]

    •  At the least (3+ / 0-)

      it would be trespassing? And creepy. Way creepy.

      "These are established professionals that have a liberal bent, but ultimately most of them if pushed will choose professional preservation over cause, such is the mentality of most business professionals" -BoA/HBGary/CoC

      by LieparDestin on Fri Aug 30, 2013 at 06:39:21 AM PDT

      [ Parent ]

    •  "Breaking and entering" (1+ / 0-)
      Recommended by:
      Pi Li

      requires a "mens rea" (criminal intent) to the extent that you know you have no right to be going into that property.  

      If, for example, my parents lock themselves out of their house, and say to me, "I need to get inside ASAP -- my heart  medicine is in there" and I break a window and go in, that's not criminal.   I probably believed that I had to ok  to be there, even if my parents say -- "I just meant look for the keys -- I didn't mean break a window!"  I may have to pay for what I broke, but I can't imagine any prosecutor charging me with "breaking and entering."  That crime requires a specific criminal intent -- that you are going in with the knowledge that you are not supposed to be doing that.

    •  All crimes involve intent (1+ / 0-)
      Recommended by:
      Susan G in MN

      It's not "breaking and entering" if you show up at the wrong house, think you're locked out, and break in to discover, oops! wrong house. You are liable as a civil matter for the damages you've caused, but you're not going to be put on trial and go to jail. Nope.

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