In 2016, the New Mexico Supreme Court ruled in State v. Holt that any breach of an external boundary into an enclosed space is sufficient to constitute “entry” into a structure for the purposes of breaking and entering. In doing so, New Mexico became one of only five states in the country in which a person can enter a building without going inside. This note examines the historical context of breaking and entering’s evolution in New Mexico, and analyzes the impact of State v. Holt in light of existing precedent. Finally, it surveys how other states have defined “entry,” in an attempt to determine whether a different definition of entry would better reconcile public policy and legal precedent in New Mexico.

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