https://nypost.com/2018/01/23/cuckolded-hubby-who-spied-on-cheating-wife-cleared-of-charges/
“Sean Donis said that when he arrived at Lopez’s house, the front door was unlocked, and he went inside.” He rang the bell and knocked. His wife was inside so he entered. No breaking. He deserves a medal for exposing the two and not doing more.
Regardless of whether you actually had to pick a lock or break a window to do so, If the door is shut, even if it is unlocked and you open and enter without permission, you engage in breaking and entering.
breaking and entering. n. 1) the criminal act of entering a residence or other enclosed property through the slightest amount of force (even pushing open a door), without authorization.
If you enter the home with the intent to commit a crime, then you have engaged in burglary.
This man made lots of stupid decisions, and will face his day in court for them. While I may empathize with his motivations, it does not excuse his behavior.