U.S. Department of Justice
Federal Bureau of Investigation
Clarksburg, WV 26306
March 10, 2000
Ms. Dolores A. Stafford
Director
University Police
George Washington University
University Police
2033 G Street, N.W.
Washington, DC 20052
Dear Ms. Stafford:
1. If a student living in a residence hall room with other students reports an item missing from his/her room, some people are of the opinion that the incident should be recorded as a theft and not as a burglary, because the other students in the room haved the "opportunity" to take the item.
What is your opinion regarding this scenario? Classify this as Larceny or Burglary--unlawful entry entry--no force?
According to the scenario, if an item is missing from a structure and it is unknown who took the item, the proper classification would be Burglary. Page 20 of the Federal Bureau of Investigation's (FBI's) UCR Handbook defines Burglary--Breaking or Entering as "the unlawful entry of a structure to commit a felony or a theft."
If, on the other hand, a resident having lawful access to the structure takes an item from another resident, the proper classification would be Larceny--theft. Page 24 of the UCR Handbook defines Larceny--theft as "the unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another."
Does the answer to this scenario change if the room is left unlocked or opened versus being locked by the last person who left the room?
Page 21 of the FBI's UCR Handbook states,
5.a. Burglary--Forcible Entry
Count all offenses where force of any kind is used to unlawfully enter a structure for the purpose of committing a theft or felony. This act includes entry by use of tools, breaking windows; forcing windows, doors, transoms, or ventilators; cutting screens, walls, or roofs; and where known, the use of master keys, picks, unauthorized keys, celluloid, or other devices which leave no outward mark but are used to force a lock. Burglary by concealment inside a building followed by the exiting of the structure is included in this category. [Emphasis added]
5.b. Burglary--Unlawful Entry-No Force
The entry in these burglary situations involves no force and is achieved by use of an unlocked door or window. The element of trespass to the structure is essential in this classification, which includes thefts from open garages, open warehouses, open or unlocked dwellings, and open or unlocked common basement areas in apartment houses where entry is committed other than by the tenant who has lawful access. If the area entered was one of open access, thefts from the area would not involve an unlawful trespass and would be scored as larceny. [Emphasis added]
Again, when a resident having lawful access to a structure takes an item from another resident, the proper classification would be Larceny--theft. However, if a person, other than a resident, enters an unlocked structure (room), or one where the door was left open, the proper classification would be Burglary--Unlawful Entry No Force.
2. If housekeeping and maintenance personnel have keys and are authorized to gain access and did gain access during the time period of the theft, how would you classify the incident?
5.a. Burglary--Forcible Entry
3. If a student lives alone in a residence hall room, it seems clearer to people that they should follow the definitions of forcible entry, if the room was locked by the student or unlawful entry--no force, if the student left the door unlocked. Is that a correct assessment?
As stated previously, offenses where force of any kind is used to unlawfully enter a structure for the purpose of committing a theft or felony are classified as a Burglary--Forcible Entry.
If entry is achieved by use of an unlocked door or window, the proper classification would be Burglary--Unlawful Entry--No Force.
4. Is there anything else in the definition of burglary as listed in the UCR Handbook that we should take into consideration when classifying incidents of larceny and burglary in residence hall facilities?
By citing the reference material contained in the FBI's Uniform Crime Reporting Handbook, I believe we have addressed all related concerns.
Sincerely yours,
[signed William C. Temple]
William C. Temple
Chief
Programs Support Section
Criminal Justice Information Services Division
INFORMAL NOTE
April 25, 2000
This is in reference to the attached response to Ms. Dolores A. Stafford, Director, University Police, George Washington University, dated March 10, 2000. Ms. Stafford was contacted by Mr. Christopher L. Enourato of the Education/Training Services Unit. The following clarification was made to scenario #l:
1. If a student living in a residence hail room with other students reports an item missing from hi/her room, some people are of the opinion that the incident should be recorded as a theft and not as a burglary, because the other students in the room have the "opportunity" to take the item.
Based on this scenario, the following are responses to your questions:
What is your opinion regarding this scenario? Classify this as Larceny or Burglary-unlawful entry-no force?
According to the scenario, if an item is missing from a structure arid it is unknown who took the item, and the investigating officer has exhausted all avenues leading toward the offense of Larceny--theft, then the proper classification would be Burglary. Page 20 of the Federal Bureau of Investigation's (FBI's) UCR Handbook defines Burglary-Breaking or Entering as "the unlawful entry of a structure to commit a felony or a theft."
One has to be cognizant of the fact that especially in the college dormitory setting many variables could be present. There is no "all encompassing" answer without first relying on the discretion of the investigating officer. A decision on the proper classification should not be made until all the facts are collected arid analyzed- The whole premise of UCR is the application of facts known in each case to the Index Crime definitions set forth in the FBI's UCR Handbook.
Attachments
Please refer to the response correspondence dated March 10, 2000, as the attachment.
Thank you in advance.