I recently blogged about some of the questions that arise in connection with breaking or entering a motor vehicle, e.g., whether one commits that offense if one reaches into the open bed of a pickup truck. I've also been asked several questions recently about breaking or entering a building, and specifically, about what counts as a "building." The question seems simple enough. Under G.S. 14-54, it is a crime to "break or enter any building." Plain old breaking or entering is a misdemeanor, but if the crime is committed with the intent to commit larceny or a felony in the building, as it often is, the offense is a felony. The statute actually defines "building" as "any dwelling, dwelling house, uninhabited house, building under construction, building within the curtilage of a dwelling house, and any other structure designed to house or secure within it any activity or property." The italicized language is, um, rather broad. Do those fake rocks made to hold spare house keys count as "buildings"? They're certainly "designed to house or secure within [them] . . . property." What about a vegetable garden surrounded by chicken wire? Is there any chance that I can prosecute the rabbits that always eat my green beans? Looking at North Carolina Crimes helps advance the ball. It notes that "a building . . . may be a store, boiler room, shop, warehouse, bank, garage, mobile home, trailer put up on blocks and used for storage . . . or any other permanent [...]
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