International Law Enforcement Academies (ILEA) Criminal Law Practice Exam

Which elements are necessary to establish burglary?

1. Entering a property's garage with intent to steal

2. Breaking and entering to commit a felony or theft

3. Entering a building during business hours

4. Being invited into a home and then stealing

The correct answer is: Breaking and entering to commit a felony or theft

To establish burglary, the necessary elements include the unlawful entry into a structure with the intent to commit a crime once inside, typically a felony or theft. This definition encompasses the act of "breaking and entering," which refers to the physical act of intruding into a building or property without permission. The specific intention to commit a felony or theft is crucial, as it differentiates burglary from other forms of trespassing or entering a building without an invitation. The choice highlighting breaking and entering to commit a felony or theft captures both the physical act of entry and the intention behind it, fulfilling the legal criteria required for burglary. This aligns with the legal definitions widely recognized in criminal law, which focus on protecting property rights and deterring criminal behavior. Other options do not fully encapsulate the essence of burglary. For instance, entering a property's garage with intent to steal might involve intent, but it lacks the broader context of breaking and entering into a structure designed for habitation or activity. Additionally, entering a building during business hours does not inherently indicate unlawful entry, as it could occur with permission. Lastly, being invited into a home and then stealing does not meet the unlawful entry criterion, as an invitation conveys permission, thereby negating the element of trespass necessary for burglary.