If a thief with intention to take away some possession enters a house, explores the house, but does not find something to take away and in a while a member of the household finds this person not the member of the household and shouts so that the thief goes away from the house without taking away anything, what crime has been committed? In this case can this person be booked under attempt theft and criminal trespass or private Trespass or all of the previous mentioned?
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There is no way to tell which of these persons you are asking the question for but I believe the general public's opinion (and that is all it is - opinion) would be if the 'thief' was apprehended they would/could be charged with 'Breaking & Entering' as well as 'Trespassing' but probably not both.
When police are called to a situation like this they do not always 'gather evidence' if nothing was stolen or damaged but they may dust for fingerprints and run these through their data base but they may not spend a lot of time searching for this 'thief'.
Undoubtedly you are one of the people in this scenario (house owner, thief, member who shouted, friend, relative?) but you are asking the wrong people because there are too many variables and a lay person has no idea what all transpired during all of this 'happening'.
I believe the proper punishment will be determined when that person stands before the judge.
This is a question for your local authorities. Laws are different in different places. A general answer would not tell you what you need to know.
The person still entered your home without permission, regardless of whether anything was taken . Hopefully you called the police immediately and they got fingerprints.
Trespassing and/or Breaking and Entering would be charges filed if you contacted police and filed charges.
No matter what they still broke into your home with the intent to rob you and steal from you. If you came home early and caught the person in the act and scared them away they are still guilty of breaking and entering.
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