Breaking and Entering

[WALSHIE]

If someone breaks into your boat, ransacks it, etc., are the penalties the same as if the crime was committed against a house?

Considering boats can and double as second homes (or primary homes), you would think the answer is YES. However, I bet the answer would be NO.

 

[Gregory S]

I'll bet you it is the same. What's the bet?

 

[Victorias Secret]

Walshie, I hope you are not asking this as someone did this to your boat? I think a lot has to do with how the officer who responds writes it up and the mood of the judge that day...

 

[destination unknown]

In New York a Boat is a Building under the Penal Law and could be considered Dwelling only if "is usually occupied by a person lodging therein at night."

Therefore if you were away on your boat and you were staying there every night it is a dwelling, if your boat is sitting at your dock it is a building.

A house is always a dwelling, so yes there is a difference.

It would be Burglary but the degree of the crimne would be different.