Burglary vs. Theft — What's the Difference?
Edited by Tayyaba Rehman — By Urooj Arif — Updated on May 8, 2024
Burglary involves unlawfully entering a property to commit a crime, often theft, whereas theft simply means taking someone's property without permission, without the requirement of unlawful entry.
Difference Between Burglary and Theft
Table of Contents
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Key Differences
Burglary is defined as unlawfully entering a building or structure with the intention of committing a crime, usually theft. It focuses on the unauthorized entry into a property. On the other hand, theft doesn't require illegal entry; it solely involves taking someone's property without permission.
Burglary typically requires breaking into a locked or secured space, highlighting the violation of a person’s private domain. In contrast, theft can happen anywhere, including open areas like parks or stores.
The intent behind burglary is often broader, as one could break into a building not only to steal but also to vandalize or commit another felony. Theft is more focused, dealing specifically with stealing property.
Burglary is usually classified as a felony given the potential dangers involved in breaking into a secured space. Theft can be categorized as either a misdemeanor or a felony based on the value of the stolen goods.
In the legal system, proving burglary often requires establishing that unauthorized entry occurred, which adds complexity to investigations. Whereas in theft cases, the challenge is often in establishing the value of stolen goods and identifying the perpetrator.
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Comparison Chart
Definition
Unlawfully entering a building to commit a crime
Taking someone's property without permission
Focus
Illegal entry
Taking property
Location
Building or structure
Any location
Legal Classification
Felony (usually)
Misdemeanor or felony
Intent
Broader (includes theft or other crimes)
Specifically stealing
Compare with Definitions
Burglary
Illegally entering a building with criminal intent.
The man was arrested for burglary after breaking into a store.
Theft
Taking another person's belongings intentionally.
The rising rates of bicycle theft prompted more surveillance in the city.
Burglary
Entering a residence to commit a crime.
A burglary was reported after an intruder was seen in the neighborhood.
Theft
Taking someone's property without permission.
She was accused of theft after shoplifting a designer handbag.
Burglary
Forced entry with the intent to vandalize.
The suspects were charged with burglary after destroying the property.
Theft
Stealing personal items or cash.
Credit card theft is a growing problem with online transactions.
Burglary
Breaking into an office to commit a felony.
He was found guilty of burglary after stealing from the corporate office.
Theft
Removing valuables from a person's possession.
The theft of jewelry from her suitcase was reported to airport security.
Burglary
Breaking into a commercial building to steal.
The police investigated the burglary of the electronics store.
Theft
Appropriating something unlawfully for personal gain.
The employee was terminated for theft after taking company laptops.
Burglary
Burglary, also called breaking and entering and sometimes housebreaking, is illegally entering a building or other areas to commit a crime. Usually that offence is theft, robbery or murder, but most jurisdictions include others within the ambit of burglary.
Theft
Theft is the taking of another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word theft is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting, library theft or fraud.
Burglary
Illegal entry of a building with intent to commit a crime, especially theft
A series of burglaries
A two-year sentence for burglary
Theft
The action or crime of stealing
The latest theft happened at a garage
He was convicted of theft
Burglary
The act of entering another's premises without authorization in order to commit a crime, such as theft.
Theft
The unlawful taking of the property of another; larceny
The prevention of theft.
Burglary
An instance of this
There were 10 burglaries in the area last month.
Theft
An instance of such taking
Several car thefts.
Burglary
The crime of unlawfully breaking into a vehicle, house, store, or other enclosure with the intent to steal.
Theft
(Obsolete) Something stolen.
Burglary
(law) Under the common law, breaking and entering of the dwelling of another at night with the intent to commit a felony.
Theft
The act of stealing property.
Bike theft is on the rise
A suspect was arrested for the theft of a gold necklace.
Burglary
Under the Model Penal Code, entering a building or occupied structure with purpose to commit a crime therein, unless the premises are at the time open to the public or the actor is licensed or privileged to enter. Model Penal Code § 221.1.
Theft
The act of stealing; specifically, the felonious taking and removing of personal property, with an intent to deprive the rightful owner of the same; larceny.
Burglary
Breaking and entering the dwelling house of another, in the nighttime, with intent to commit a felony therein, whether the felonious purpose be accomplished or not.
Theft
The thing stolen.
If the theft be certainly found in his hand alive, . . . he shall restore double.
Burglary
Entering a building unlawfully with intent to commit a felony or to steal valuable property
Theft
The act of taking something from someone unlawfully;
The thieving is awful at Kennedy International
Common Curiosities
Does burglary always involve theft?
Not necessarily. Burglary can involve other crimes like vandalism or assault.
Can theft occur without burglary?
Yes, theft can occur without breaking into a property, such as in open areas or stores.
Is burglary considered more severe than theft?
Generally, yes. Burglary involves unlawful entry, which poses additional security risks.
Is theft always a felony?
No, it can be a misdemeanor if the stolen property's value is below a certain threshold.
Can an attempt to commit burglary be punishable?
Yes, attempted burglary is a crime if there's clear intent and an overt act to commit it.
Is it still theft if no valuable items are taken?
Yes, theft involves the unauthorized taking of any item, regardless of its value.
Is theft the same as robbery?
No, robbery involves taking property directly from someone through force or intimidation.
Does burglary include unauthorized entry into a car?
In some jurisdictions, entering a car to steal can be charged as burglary.
Does burglary include outdoor structures like sheds?
Yes, burglary includes unlawfully entering any structure meant for occupancy or storage.
Can theft charges apply to borrowing items without permission?
Yes, if the person intended not to return the item.
Can someone be charged with both burglary and theft?
Yes, if a person unlawfully enters a building and then steals something, they can face both charges.
Does burglary require breaking a lock or window?
Not always. Burglary only requires unauthorized entry, which could mean simply walking through an open door.
Does theft always require physical presence at the scene?
No, online theft or identity theft can occur without the thief being physically present.
Is shoplifting considered theft?
Yes, shoplifting is a type of theft involving stealing items from a retail store.
Is burglary considered a violent crime?
It can be if the burglar is armed or harms someone during the break-in.
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Written by
Urooj ArifUrooj is a skilled content writer at Ask Difference, known for her exceptional ability to simplify complex topics into engaging and informative content. With a passion for research and a flair for clear, concise writing, she consistently delivers articles that resonate with our diverse audience.
Edited by
Tayyaba RehmanTayyaba Rehman is a distinguished writer, currently serving as a primary contributor to askdifference.com. As a researcher in semantics and etymology, Tayyaba's passion for the complexity of languages and their distinctions has found a perfect home on the platform. Tayyaba delves into the intricacies of language, distinguishing between commonly confused words and phrases, thereby providing clarity for readers worldwide.