---
title: "Does Rhode Island still require the \"nighttime\" element for burglary?"
description: "Yes. Rhode Island is one of the few remaining states that preserves the common-law nighttime requirement for full burglary. If the alleged entry happened in daylight, the state cannot prove burglary..."
url: https://bankandmunns.com/faq-items/does-rhode-island-still-require-the-nighttime-element-for-burglary/
date: 2026-04-22
modified: 2026-04-22
author: "Bank and Munns"
type: avada_faq
lang: en
---

# Does Rhode Island still require the "nighttime" element for burglary?

Yes. Rhode Island is one of the few remaining states that preserves the common-law nighttime requirement for full burglary. If the alleged entry happened in daylight, the state cannot prove burglary - it can only charge the lesser offense of breaking and entering. "Nighttime" is traditionally defined as the period after sunset and before sunrise when a person's face cannot be identified by natural light. We routinely use National Weather Service sunrise and sunset records, surveillance timestamps, cell-tower data, and witness statements to pin down the exact time of the alleged entry. If we can show the entry happened even a few minutes before sunset, the burglary count collapses.