Mississippi law defines burglary as breaking and entering into any structure with the intent to commit a crime therein.

To be convicted of burglary, two elements of the crime must be proved beyond a doubt (or pled guilty to by the defendant). In other words, the State must prove that the defendant actually entered a structure, and entered with the intent to commit a crime in that structure.

The first element of the crime of burglary—entering—requires that you actually enter into a structure without permission to do so. Illegal entry also includes being lawfully present in a structure, but breaking or entering through an inner door and into a room that you have no permission to enter. This would include, for example, lawfully being in a shop but sneaking into the storeroom when the clerk is not watching.

The second element of burglary relates to the defendant’s state of mind at the time of entry into the building. To be convicted of burglary, the defendant must have first decided to commit a crime, and then entered the building for that purpose.

Using the example above regarding entry of a storeroom without permission, if the intent upon entry was to commit a crime, such as stealing stock from the room, you have satisfied the intent element, and have burglarized the shop owner’s private portion of the store.

The intended crime does not have to be successful or completed; entering with a criminal intent satisfies the two elements of burglary, and may lead to a conviction.