Description
A criminal charge of Burglary of a Safe or Vault or Burglary with Explosives may be filed against a person who, with intent to commit crime, enters, either by day or by night, any building, whether inhabited or not, and opens or attempts to open any vault, safe or other secure place by use of acetylene torch or electric arc, or any other device capable of burning through steel, concrete, or any other solid substance.
What does the prosecutor have to prove?
1. Defendant entered a building, whether inhabited or not.
2. Defendant entered the building either by day or by night.
3. Defendant entered the building with the intent to commit a crime.
4. Defendant opened or attempted to open a vault, safe, or other secure place by use of acetylene torch or electric arc, burning bar, thermal lance, oxygen lance, or other similar device capable of burning through steel, concrete, or other solid substance.
or
4. Defendant opened or attempted to open a vault, safe, or other secure place by use of nitroglycerine, dynamite, gunpowder, or other explosive.
Punishment
Felony: 3years/5years/7years
With probation 0-364 days