Law Is Too Soft on Burglary; It Is Not a Property Crime

Crimes are classified under different categories for various purposes. “Crime against property” is a legal phrase used to describe a crime, the object of which is property as contrasted with person. Burglary is one such offense.

In California, if the prosecution proves that a person entered a dwelling with the intent to commit theft or any felony, under the law the accused is guilty of burglary and may be imprisoned for two, four or six years.

A close examination of recent statistics and psychological studies reveals, however, that the classification of burglary (at least residential burglary) as a property offense is a misnomer and calls into question the adequacy of the prescribed punishment.

According to the Bureau of Justice Statistics of the U.S. Department of Justice, household burglary ranks among the more serious felony crimes not only because it involves the unlawful entry of one’s home but also because a substantial number of the violent crimes that occur in the home take place during the perpetration of a burglary. About 68% of all rapes and robberies and about a third of all assaults are committed by burglars in the home.

For residents fortunate enough to have avoided the trauma of personal confrontation with the intruder, the invasion of privacy and the disruption of the sanctity of the home nevertheless can have a serious psychological effect that leaves permanent emotional scars.

The initial response on the discovery of the burglary is usually anger, disgust, fear and a sense of being violated. Some victims, however, have been reported to have suffered acute distress manifested by panic, severe shock and uncontrolled weeping.

The long-term effects can be quite serious as well. Feelings of unease and insecurity are common. Venturing out of the home for an evening or a weekend is often accompanied by great anxiety. Returning home, entering a dark room or being alone in the house at night can generate great distress. Thoughts and activities are preoccupied by the violation of personal space and the loss of personal property. A constant, nagging question lingers in the psyche: “Who did this?” Worse yet, for many victims everyone becomes a suspect--casual acquaintances, neighbors, local teen-agers, even friends.

Studies also reveal that the most profound psychological effects are experienced by women who often analogized their victimization to a sexual assault. Some expressed their revulsion of having a stranger touch their possessions by cleaning everything around the home. Others were reported to have burned their garments or furniture. Still others were so distressed that they felt the need to move from the residence where the burglary took place.

In short, household burglary is potentially a far more serious crime than its classification as a property offense indicates. Recent research findings indicate that the emotional effect of the crime is more detrimental to victims than the financial loss that they may have suffered. Perhaps a reevaluation of the current minimum and maximum prison terms for this offense is in order.