Also known as: actual break
Written by attorneys · grounded in primary & secondary sources — see below
The application of physical force, however slight, to create or enlarge an opening into a structure in order to gain entry.
Aaron Adams approached Abigail Alvarez's row house after dark. The front door stood fully closed though unlocked. Aaron pushed the door inward with his hand and stepped across the threshold intending to take a painting. The minimal force used to displace the closed door satisfied the actual breaking requirement.
Austin Abbott reached a transom window sealed by a plywood sheet nailed in place. He pulled firmly on the board until several nails released and the sheet shifted sideways. The resulting gap allowed him to crawl into the bedroom. The force applied to enlarge the opening met the actual breaking standard.
Select any source to read its text and confirm it supports the definition.
Yes. Actual breaking requires only some physical force to gain entry. Even minimal force suffices, and pushing a fully closed though unlocked door open constitutes an actual breaking.
Supporting sources
Yes. Using any amount of force to open a closed door qualifies as actual breaking. Turning a copied key to unlock and open a closed door meets the requirement.
Supporting sources
Yes. Under the better view, applying force to enlarge an opening so that entry becomes possible satisfies the actual breaking element.
Supporting sources
No. Consent limited to specific times or purposes does not authorize forcible entry outside those limits. Force used at an unauthorized time renders the entry trespassory and satisfies actual breaking.
Supporting sources