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← Back to Law ExplorerLast verified: March 2026 · Source: laws-lois.justice.gc.ca
Theft, Fraud & PropertyIndictable
§348

Breaking and Entering

Breaking and entering with intent, committing offence or breaking out

Theft & Fraud
Maximum Sentence

Life (dwelling-house) / 10 years (other)

Classification: Indictable
🍁 Immigration Impact

Indictable offence. Breaking and entering a dwelling-house carries life imprisonment — serious criminality under IRPA s.36(1). Even for non-dwelling premises, the 10-year maximum constitutes serious criminality.

Legal Text — Criminal Code s. 348

Every one who (a) breaks and enters a place with intent to commit an indictable offence therein, (b) breaks and enters a place and commits an indictable offence therein, or (c) breaks out of a place after (i) committing an indictable offence therein, or (ii) entering the place with intent to commit an indictable offence therein, is guilty of an indictable offence and liable to imprisonment for life if the offence is committed in relation to a dwelling-house, or to imprisonment for a term not exceeding ten years in any other case.

Amendment History (1)
R.S., 1985, c. C-46, s. 348
Related Sections
Official Source: Justice Canada — Criminal Code s. 348 (authoritative, may differ from this display)
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