Third-degree burglary—a crime that, while seemingly less severe, still carries hefty consequences.
Third-degree burglary is a form of unlawful entry where someone knowingly enters or remains in a building with the intent to commit a crime, even if that crime doesn’t involve violence or force.
Looking to understand the true meaning of third-degree burglary, including its core definition and legal specifics? Or perhaps you’re interested in how penalties differ across various states? You’re in the right place!
Plus, we’ll guide you on safeguarding your property with proactive security solutions for added protection.
Let’s start!
Defining 3rd-degree burglary:
Penal Law Article 140 defines 3rd-degree burglary as:
Third-degree burglary occurs when someone unlawfully and knowingly enters or remains in a building with the intent to commit a crime inside.
Examples of third-degree burglary cases:
- Breaking into a warehouse after hours to steal electronics.
- Entering an office building unlawfully to access computers with the intent of committing fraud.
- Hiding in a department store until closing to steal merchandise.
- Entering a locked storage facility to take valuable items without permission.
- Sneaking into a school after hours to vandalize property or steal equipment.
- Forcing entry into a closed restaurant with the intent to access the cash register or safe.
- Entering an apartment building’s utility room to steal tools or equipment.
- Accessing a locked storage closet in a gym with the intent to take personal belongings or supplies.
- Breaking into a community center at night to damage property or take items left behind.
- Accessing a construction site trailer unlawfully to take building materials or tools.
Elements of 3rd-degree burglary:
Third-degree burglary means that a person has not only trespassed by unlawfully entering or staying in a building without permission, but they also have the intent to commit a further crime, often theft, once inside.
This offense involves more than just being in a place unlawfully—it shows a clear plan to engage in criminal activity within the premises.
By knowingly entering or remaining in a restricted area with intent to steal or commit another crime, the individual elevates the act from simple trespassing to third-degree burglary.
Third-degree burglary vs. other crimes
It’s important to distinguish burglary from similar crimes, such as robbery and theft, which carry different legal definitions:
- Robbery in the Third-Degree: Robbery involves taking property by force or threat, whereas third-degree burglary focuses on unlawful entry with intent to commit a crime.
For instance, imagine someone approaches a person on the street, threatens them with harm, and demands their wallet. Out of fear, the victim hands it over.
- 3rd-Degree Theft: While theft involves taking property without permission, third-degree burglary includes the added component of unlawful entry with criminal intent.
For example, someone steals a bicycle from a front yard without the owner’s permission.
- Simple Burglary: FBI’s Uniform Crime Reporting (UCR) defines burglary as breaking into a building or structure to commit a crime, whether or not force is used.
Burglary is divided into three types: forcible entry, entry without force, and attempted forcible entry.
For example, a person enters an abandoned building without permission. They have no intention of committing any crime inside, but their entry is still unlawful.
Let’s have a look at some examples of 3rd-degree burglary.
Third-degree burglary in specific states:
Third-degree burglary definitions and penalties vary across states, reflecting different legal perspectives on non-violent, unlawful entry cases. Here are some notable examples:
3rd-Degree Burglary in Arizona:
In Arizona, third-degree burglary is unlawfully entering or remaining in a nonresidential structure or fenced yard, or using a manipulation key to enter a vehicle, with intent to commit theft or any felony, classified as a class 4 felony.
3rd-Degree Burglary in Iowa:
In Iowa, 3rd-degree burglary encompasses unauthorized entry into a property, such as a car, barn, or garage, with the intent to commit a felony, theft, or assault inside. It’s usually considered an aggravated misdemeanor or a Class D felony, punishable by fines and potential prison time.
3rd-Degree Burglary in Kentucky (KY):
Kentucky classifies 3rd-degree burglary as a Class D felony involving unlawful entry into any building with intent to commit a crime. This charge often leads to prison terms, especially if the defendant has prior offenses.
What is 3rd-Degree Burglary in Oklahoma?
In Oklahoma, third-degree burglary involves breaking into any vehicle or structure to commit theft or other crimes. This degree is typically associated with lesser penalties compared to the more serious degrees but can still lead to significant fines and incarceration.
Third-Degree Burglary in New York:
New York law defines 3rd-degree burglary as knowingly entering or unlawfully remaining in a building with the intent to commit a crime. It is a Class D felony, punishable by up to seven years in prison.
It’s important to understand the differences between 1st, 2nd, and 3rd degree burglary:
| Degree of Burglary | Definition | Key Characteristics | Typical Penalty |
|---|---|---|---|
| 1st-Degree Burglary | Unlawful entry into a residence or dwelling with the intent to commit a crime inside. | – Involves a home or occupied structure. – Often includes violence or threat of violence. – Considered the most serious level. | Longer prison sentences; often 5-25+ years. |
| 2nd-Degree Burglary | Unlawful entry into a building (not a residence) with intent to commit a crime inside. | – Typically involves commercial or unoccupied structures. – Less serious than 1st degree. | Moderate prison sentences; around 2-10 years. |
| 3rd-Degree Burglary | Unlawful entry into a building or structure without necessarily involving intent to harm occupants. | – May include entering without permission. – Often the least severe type of burglary. | Lesser penalties; probation or short-term prison. |
Penalties and consequences of 3rd degree burglary:
Now let’s find out what is the punishment for 3rd degree burglary. Burglary in the third-degree is classified as a Class D felony.
A Class D felony generally means it’s considered a serious offense, though less severe than higher felony classes (like A, B, or C).
The consequences can include prison time, fines, and a criminal record, with sentences often ranging from 1 to 7 years depending on the jurisdiction.
How can businesses prevent third-degree burglary:
- Install surveillance cameras.
- Setup physical barriers.
- Strengthen access controls.
- Train employees on security awareness.
- Conduct regular security audits.
Install surveillance cameras:
Strategically placed CCTV cameras at all entry points, accessible windows, driveways, garages, and key indoor areas can effectively deter criminals, ensuring that any attempted crime carries the risk of being recorded.
AI security cameras can differentiate between a human, an animal, or an object with a reduced chance of false alarms and better response time to the threats.
Low-quality security cameras produce distorted images, so it’s essential to choose high-definition resolution for clear, detailed footage.
Professional installation and routine maintenance complete the setup in maximizing effectiveness and ensuring these cameras will be a strong defense against burglary.
Setup physical barriers:
Commercial security doors, sturdy fences, gate security systems, window bars, and bollards serve as essential barriers against third-degree burglary, making invasion or forced entry significantly more challenging. Perimeter alarms provide early detection of intrusions at commercial properties.
They are mounted around perimeters, entry points, and valuable rooms for storage; they are a deterrent and any attempt to force an entry will be slowed down to give ample time for detection and response.
Strengthen access controls:
Unauthorized access often results from poor access control. Businesses should evaluate whether their current systems—such as RFID entry, biometric access, or multi-factor authentication—are sufficient for restricting entry only to cleared personnel.
For high-risk areas, implementing tiered access control that restricts movement within the premises based on clearance level can add an extra security layer.
Employee and Public Awareness:
Educating employees on the importance of security protocols and how to recognize and report suspicious activities can significantly bolster security.
Simple practices, like not propping doors open and reporting unknown individuals, can make a substantial difference in preventing unauthorized access.
Public signage indicating monitored premises or restricted areas can also act as a deterrent.
Regular Security Audits:
A security audit assesses how well current systems prevent unauthorized access and burglary, allowing businesses to identify and address weaknesses.
Regular audits help businesses adapt to emerging threats by ensuring all equipment is functional, software is updated, and procedures are followed correctly.
Remote video monitoring–A proactive security solution for 3rd-degree burglary:
Integrating high-definition AI cameras with live remote video monitoring transforms your system into a powerful, proactive defense against third-degree burglary.
Once the camera triggers an alarm at the remote video monitoring center, trained operators quickly assess any suspicious activity and follow client protocols.
This may involve issuing a verbal warning through on-site speakers, alerting security teams, or even involving law enforcement if necessary—effectively stopping burglars in their tracks.
This real-time, around-the-clock surveillance is not only a deterrent against criminal attempts but also provides vital evidence in case of an incident.
Remote video monitoring offers a suite of advanced video analytics technologies such as
Object detection and tracking AI:
Object detection and tracking AI is crucial in spotting movement toward secure zones, helping prevent unauthorized access associated with third-degree burglary. This AI swiftly identifies suspicious individuals, enabling security to respond before any damage is made.
License plate recognition (LPR):
LPR plays a vital role in deterring third-degree burglary by tracking vehicles linked to previous suspicious activity. By flagging unauthorized vehicles, LPR prevents potential burglars from entering or revisiting the property, stopping crime before it starts.
Loitering detection AI:
Loitering detection AI picks up on the kind of lingering behavior often seen in third-degree burglary preparations. By flagging suspicious loiterers, it allows security teams to take preventive action, addressing potential threats before any illegal entry attempt.
Time Alerts for Parking Lots:
Time alerts help prevent third-degree burglary by identifying vehicles or people hanging around too long—often a tell-tale sign of someone casing a property.
This alert gives security teams a heads-up on potential intruders before they attempt unauthorized entry.
Conclusion:
Protecting your property from third-degree burglary doesn’t need to feel overwhelming or complex.
If you combine proactive security measures—like high-definition AI cameras, physical barriers, and strong access controls—you create layers of protection that stop burglars before they even get close.
Contact us today for a customized security solution against third-degree burglary.
