What is meant by 'constructive breaking'?

Constructive breaking refers to a legal concept in which a person gains entry to a property without the need for physical force or breaking an entrance. This could involve scenarios such as using deception or exploiting an open window or unlocked door, where the individual does not exert physical force in the act of entering. The key point is that the entry occurs through means that do not involve traditional breaking, but can still be seen as unlawful under certain contexts.

While physically breaking an entrance, using force to open a door, and entering without a key may all describe actions associated with breaking and entering, they do not capture the essence of constructive breaking since they involve either explicit physical force or unauthorized access through means that are more direct. Constructive breaking emphasizes the subtler, more indirect methods of unlawful entry that may still fulfill the criteria of trespassing or unlawful entry under the law.