Breaking and Entering in Arkansas: Elements and Penalties

Statutory Definition (Ark. Code § 5-39-202)

Breaking or Entering = knowingly and unlawfully entering or remaining in a building, structure, vehicle, or other premises with the purpose of committing a felony or theft.

Required Elements

1. Knowingly – awareness of unauthorized entry
2. Unlawfully – without permission/authority
3. Entering or remaining – any physical intrusion or continued presence
4. Covered premises – building, structure, vehicle, or other enclosure (public or private)
5. Criminal purpose – intent to commit a felony or theft at the time of entry

Penalties

• Class D Felony (standard): 0–6 years prison, up to $10,000 fine
• Class B Felony (if armed with deadly weapon or causes injury): 5–20 years
• Class Y Felony (if dwelling occupied and armed): 10–40 years or life

Restitution often ordered. Prior record enhances sentencing.

Key Distinction

"Breaking" requires no forced entry—opening an unlocked door suffices. The intent element separates it from criminal trespass.