The offence of Burglary has gone through significant changes over the years in terms of its meaning and what constitutes the offence. Under common Law, burglary is defined as the breaking and entering of a dwelling at nighttime, with the intent to commit a felony inside. The elements for burglary under Common Law are as follows, (1) Breaking and entering, (2) Of the dwelling of another, (3) During the nighttime and (4) With Intent to commit a felony inside. The nighttime and breaking were to protect citizens in the sanctity of their homes when they were most vulnerable. As time changed, burglary offence took on a different meaning. In most jurisdictions, today, some of the elements are relaxed and is no longer a requirement to prove burglary. For instance, the nighttime element is no longer required under most modern day statutes, which means that a burglary can occur at broad daylight as opposed to under Common Law. Also at Common Law, the breaking and entering must take place at a dwelling belonging to another with intent to commit a felony. Again, this is no longer the case in most states. Several changes have been made in this regard as it relates to the type of property being targeted and the level or type of crime intended to prove burglary. Firstly, there is no requirement for the building to be a dwelling. Pennsylvania’s burglary statute capture some of these changes which states: A person is guilty of burglary if he enters a building or occupied structure, or separately secured or occupied portion thereof, with intent to commit a crime therein, unless the premises are at the time open to the public or the actor is licensed or privilege to enter. Also, the structure does not need to be occupied by people. Farm outbuildings (such as stables, barns or silos) used to house animals are products are building for the purposes of burglary, as are factory buildings and stores. The detached garage, toolshed or greenhouses in the grounds of a dwelling ore similarly protected.
Also, the crime intended no longer need to be a felony. For example, if a person enters a building as a trespasser with intent to peep on someone while that person is undressing, he can be convicted of burglary even through peeping is just a class 1 misdemeanor. Additionally, in some stated and in particular California, it now requires on an entry rather than a breaking and entering with the intent to commit larceny or felony. Burglary in California contains three elements: entering a protected building, structure, or vehicle with intent to commit a felony or larceny therein. The burglary statue does not include definition of the term enter which leaves it up to the court to give its own interpretation. Any kind of entry, whether complete or partial, satisfies the meaning of the burglary statute.
The Actus Reus of burglary only requires and entry without permission. As common law, the insertion of any party of the body, however small, into the building or structure was a sufficient entry. Where for example A pushed in a window-pane and the forepart of his finger was observed inside the building that was enough. The breaking component which took place directly before the entering is not clearly defined. However, breaking includes opening a closed yet unlocked door. Window screens have changed the way the burglary statute is interpreted in California. The Supreme Court in that state use a test known as the reasonable belief test to determine whether someone has entered a building within the meaning of the burglary statute. The Supreme Court in People v Valencia held that a man who removed a window screen, but failed to open the window itself, entered a house, and was guilty of burglary. However, as indicated earlier, most states now only require an entry, rather than breaking and entering, with the intent to commit a larceny or felony. The offence is much broader than the common (mis)understanding of a breaking and entering to steal. Burglary also requires proof that the defendant had the intention to break, entering or remain and that once inside, the perpetrator intend to commit a crime. It does not matter whether the intended crime is completed. One the prosecution can prove that the defendant has the intention to commit a crime that would be sufficient. So if for example B, who is the Valet at a hotel, uses a spare key which he secretly took from the rack where the keys are held and enters the hotel room of A who is a guest there with the intention to take photographs of her and her lover in the nude on behalf of her husband, a can be convicted of burglary. It matters not if A got the opportunity to take any photograph. Once it can be proven that was his intention, he is equally liable.
In concluding, Burglary is really the breaking and entering into a structure for the purpose of committing a crime. No great force is needed (pushing open a door or slipping through an open window is sufficient) if the entry is unauthorized. Contrary to common belief, a burglary is not necessarily for theft. It can apply to any crime such as assault or sexual harassment, whether the intended criminal act is committed or not. Originally under English Common Law, burglary was limited to entry in residence at nights, but it has expanded to all criminal entries into any building, or even into a vehicle.

Work cited Worrall, J. L., & Moore, J. L. (2013). Crininal law. (p. pg.414). One Lake, Upper Saddle River, New Jersey: Pearson Education, Inc.
Omarie. , & David, Criminal law. (12th ed., p. pg.912). Smith and Hogan.
Burglary overview. (n.d.). Retrieved from http://criminal.findlaw.com/criminal-charges/burglary-overview.html
Omarie. , & David, Criminal law. (12th ed., p. pg.906). Smith and Hogan.