Editorial: A burglar, or a shoplifter?

Wednesday, Sept. 6, 2006 | 8:02 a.m.

In most people's minds, a person is not charged with burglary unless he has illegally entered a building, boat or car with the intent of stealing.

Clark County prosecutors, however, have been pressing burglary charges against people even though their alleged offenses don't fit the common description.

Last week, for example, a woman was charged with burglary for allegedly walking into an open convenience store, downing two bottles of chilled coffee worth a total of $3.58, and leaving without paying.

Given the small value involved and the fact that the woman was not alleged to be part of a ring of thieves, we believe most people would say the woman was a common shoplifter who should be charged with petty larceny.

Another recent case involved a man who stole three bottles of liquor from a Las Vegas big-box store. He was charged with burglary, too. Additionally, many other people have been charged with burglary for such crimes as check fraud and forgery.

The felony charge of burglary is serious, carrying a potential sentence of one to 10 years in prison. Defense attorneys say prosecutors are hitting people with superfluous burglary charges to ensure that during plea bargaining, the suspects will not walk away without some jail time.

Prosecutors justify the charge based on state law, which defines a burglar as anyone who enters a building or vehicle with the intent to steal or commit any felony.

The danger with interpreting the law beyond its common meaning is that a petty crime committed for any reason - peer pressure, impulse, perceived need - could potentially saddle a person with a felony record for life, and perhaps steer that person toward more serious crimes.

While victims of petty crime might rejoice if perpetrators get jailed for years, laws are written to ensure justice.

In our view the 2007 Legislature should review the burglary statute as well as a sampling of crimes in Clark County that have resulted in burglary charges. The Legislature should then clarify the difference between petty larceny and burglary.