Which elements constitute burglary?

• A. Enters or remains unlawfully; building or dwelling; intent to commit a crime.
• B. Causes physical injury to a person.
• C. Requires breaking and entering in all cases.
• D. Requires the victim to be home.

Answer: (A)

The essential idea behind burglary is that a person unlawfully enters or remains inside a building or dwelling with the intent to commit a crime there. So the three pieces must come together: (1) unlawful entry or staying inside; (2) the structure must be a building or dwelling; and (3) there must be intent to commit a crime inside at the time of entry or while remaining. Notice that breaking is not required—the unlawful entry can be by force or by staying beyond permission. And the crime being planned or attempted inside can be any crime, not just theft. This is why the other options don’t fit: causing physical injury describes a separate offense, breaking and entering in all cases is too rigid a rule since entry can be without breaking, and insisting the victim must be home is incorrect because burglary can occur whether or not anyone is there.