> You can be convicted of breaking & entering through an open door.
This definitely must vary by state. At least in Michigan that would just be trespassing. I know, because I had some very in-depth conversations with my lawyer about whether I had committed trespassing or B&E while exploring steam tunnels underneath a university. In my case, B&E couldn't apply because the door was unlocked. I also committed no other crimes besides simple trespassing.
You're totally right. The more accurate thing to say is "you could be convicted of residential burglary by walking through an open door if the prosecution could convince a jury you did so with the intent to commit a further crime".
That sounds right. I also appreciate how much you regularly add to discussion about the CFAA. I personally think it's a horrible law, but for the most part my understanding of it matches yours. Too many people mix up what "should be" vs. "what is".
In general, I've learned that if you ever wonder whether you might be breaking the CFAA, you are in violation of the CFAA. The only time this logic has ever failed that I've seen was HiQ vs. LinkedIn.
This definitely must vary by state. At least in Michigan that would just be trespassing. I know, because I had some very in-depth conversations with my lawyer about whether I had committed trespassing or B&E while exploring steam tunnels underneath a university. In my case, B&E couldn't apply because the door was unlocked. I also committed no other crimes besides simple trespassing.