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by matt_wulfeck 3725 days ago
But charging them with hacking? And putting them in prison for 2 years?
1 comments

There's no such charge as "hacking".
Of course. We're able to make the distinction of being hacked versus someone crawling through an open window. If only jurors could be expected to do the same.
What distinction is it that you're trying to make? Crawling into a building through an open window is no less of a crime than picking the locks. In fact: it's exactly the same crime.
Picking the locks is breaking and entering, going through an open window is illegal trespass, assuming you don't have to move any parts of the window. At least where I live. It depends on whether or not you have to use even the slightest amount of force to gain access. It also depends on your intent to commit a crime inside. If I'm looking for you because I've found your toddler wandering around outside and I open an unlocked door to call out your name, it isn't a crime. I'm not sure what happens if I pick a locked door in that situation, getting pretty contrived now. But let's say I heard your kid crying inside that you'd abandoned, it wouldn't be a crime to pick the lock and rescue him/her.
No, I don't think this is at all correct. Going through a window is breaking and entering.
Well, I didn't know, so I looked it up before posting. https://en.wikipedia.org/wiki/Burglary

> Although rarely listed as an element, the common law required that "entry occur as a consequence of the breaking".[7] For example, if a wrongdoer partially opens a window with a pry bar—but then notices an open door, which he uses to enter the dwelling, there is no burglary under common law.

There are more results if you search for "breaking and entering", it was all pretty consistent.