The acts of breaking and entering a building were historically part of the definition of the crime of burglary. But most states have since broadened the definition of burglary to include any entry into a building without the permission of the owner and with the intent to commit a theft, assault, or other crime inside the building. But a few states still have a distinct criminal offense of breaking and entering a building.
And some states have a similar criminal offense of forcible and unlawful entry that make it a crime to force entry into an automobile, safe, ATM, parking meter, or vending machine.
Breaking and entering laws (and related property crime laws) are usually located in a state’s penal or criminal code (statutes).
In Texas, burglary is defined under the Texas Penal Code Section 30.02. The law has indeed broadened from the historical definition of burglary that required breaking and entering. In Texas, a person commits burglary if, without the consent of the owner, they enter a habitation, or any building (not then open to the public) with the intent to commit a felony, theft, or an assault, or they remain concealed with the intent to commit a felony, theft, or an assault. The entry into a building can be any part of the body or any physical object connected with the body. Texas law also addresses the unlawful entry into vehicles under Section 30.04, which includes breaking into or entering a vehicle without the owner's permission with the intent to commit a felony or theft. Additionally, Texas has laws against criminal trespass (Section 30.05), which can include forcible entry, and robbery (Section 29.02), which involves causing bodily injury to another in the course of committing theft.
