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The basic definition of burglary is the breaking and entering into another's home during the nighttime with the intent to commit a criminal act, whether or not the act was actually committed. Most states include the breaking or entering into any nonabandoned building or a separately secured section of a building, not accessible to the public, as premises that can be burglarized. For example, the manager's office in a club can be burglarized even if the club was open to the public. A conviction requires proof of entry and intent to commit a crime-actual theft is not a required element. In the example, the offender caught in the act of entering the manager's office and going through desk drawers looking for money can be charged with burglary.