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  • Writer's pictureAdministrator - Usman & Partners

B&E: US vs Malaysia

"Breaking and entering" is a legal term used to describe the unlawful entry into a building or property without permission. However, the specific laws and definitions related to breaking and entering can vary between Malaysia and the United States due to differences in legal systems and jurisdictions. Here, we'll provide a general overview of the differences between breaking and entering in both countries:


**Breaking and Entering in Malaysia:**


In Malaysia, the term "breaking and entering" is not commonly used. Instead, the Penal Code (Act 574) defines various offenses related to unlawful entry and trespassing, which may include:


1. **Criminal Trespass:** Under Section 441 of the Malaysian Penal Code, criminal trespass is defined as unlawfully entering or remaining on property with the intent to commit an offense, annoy, or intimidate the owner or occupier.


2. **House-Breaking:** House-breaking offenses are defined in Sections 443 to 447 of the Penal Code. They involve unlawfully entering or remaining in a building or dwelling place with the intent to commit a specific offense (such as theft or assault) or to commit a crime while on the premises.


The specific elements and penalties for these offenses can vary depending on the circumstances and the severity of the unlawful entry.


**Breaking and Entering in the United States:**


In the United States, "breaking and entering" is a common term used to describe unlawful entry into a building or property. However, the legal terminology and definitions can differ by state due to the federal system of government. Generally, breaking and entering in the U.S. can be categorized as:


1. **Burglary:** Burglary typically involves the unlawful entry into a building or dwelling with the intent to commit a theft or another felony once inside. The specific elements and penalties for burglary can vary by state but generally require unlawful entry with criminal intent.


2. **Criminal Trespass:** Criminal trespass laws vary by state but generally involve unlawful entry or remaining on property without permission, without the specific intent to commit a felony. Some states may distinguish between degrees of criminal trespass, such as simple trespass and aggravated trespass.


3. **Home Invasion:** Some states have specific laws related to home invasion, which can encompass unlawful entry into a residence with the intent to commit a crime, often involving violence or theft.


It's important to note that the definitions, elements, and penalties for breaking and entering offenses can vary widely among U.S. states, as criminal laws are primarily a matter of state jurisdiction. Therefore, individuals should consult the specific criminal code of their state to understand the exact legal framework for breaking and entering in that jurisdiction.


In summary, while both Malaysia and the United States have laws related to unlawful entry and trespassing, the specific terminology and legal definitions for breaking and entering offenses can differ between the two countries due to their distinct legal systems and legislative frameworks.

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