Both Burglary of Coin-Operated Machines and Burglary of Vehicles require which condition regarding consent?

• A. Without the effective consent of the owner
• B. Consent from the owner is required
• C. No consent is needed
• D. Consent is only required if property damage occurs

Answer: (A)

The key idea is that burglary for coin-operated machines and for vehicles rests on the absence of the owner’s valid permission to enter or remain. This is captured by the term “effective consent.” Effective consent means permission that is legally valid—given by the owner or someone legitimately authorized, freely and knowingly, and not obtained by fraud, coercion, or outside the scope of what was allowed. If there is no such consent, entering or remaining in the machine or the vehicle to commit a crime satisfies burglary. If the owner does give valid consent, there’s no burglary.

The other options don’t fit because they either imply that consent is required (which would negate burglary when consent exists), or that consent isn’t needed at all (which would ignore the required absence of valid consent), and or add a condition about property damage that isn’t part of the element.