When most Nebraska residents consider burglary, they may think this term refers to theft. This is not necessarily the case, though, and if people find themselves charged with this offense, it is important for them to understand what it means.
Most of the time, burglary does not involve theft. FindLaw says that someone commits a burglary if he or she breaks into a building intending to steal something or perform another kind of crime. Because burglary laws seek to protect people's homes, breaking and entering is usually emphasized more than any crime a person commits once he or she is inside. Breaking and entering can take many forms. Some people may use blackmail or fraud to enter a person's home without permission; this is usually called constructive breaking. People may also use force, such as kicking in a door, to enter a home. Sometimes entering through a door that has not been closed is also considered breaking and entering.
Some people may think they commit burglary only if they enter someone's home. However, gaining access to someone's shed or garage can also be burglary. Entering a closed store can also be considered burglary if someone picks the lock or breaks a window to get inside.
According to the Nebraska Legislature, people who commit burglary are generally charged with a second-degree felony. People usually need to use some form of physical force to enter a building. When a person is charged with burglary in Nebraska, people generally need to explain which crime they think a person intended to commit. However, a person does not actually need to take property. Additionally, there usually needs to be evidence that someone used force to enter a building.