ANSWERS: 2
  • Yes, it's considered breaking and entering if they go into your home without permission.
  • First, “breaking and entering” is not a crime. Breaking and entering is an element of burglary. However, this is not burglary because there was no intent to commit a crime inside your home. “Breaking,” even without entering (if done with actual physical damage to the premises), is criminal vandalism, but you did not indicate that any damage was done to your home. Second, it is a crime to trespass, but a defense to trespass is if the person had a reasonable belief that the owner would permit the entry to the property. If a person is entering property to leave something, almost any jury would find that the owner would permit this. Thus, there is probably no crime.

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