Burglary: Which statement describes an offense?

• A. Entering a building open to the public with intent to commit a felony
• B. Entering a habitation with intent to commit a theft while it is open to the public
• C. Entering a building not open to the public with no crime intent
• D. Entering a building not open to the public with intent to commit a felony, theft, or an assault

Answer: (D)

Burglary is about unlawfully entering a building that is not open to the public with the specific intent to commit a crime inside. The best statement fits both of those elements: the structure is not open to the public, and there is an intent to commit a felony, theft, or an assault inside. The not-open-to-the-public requirement excludes ordinary visits, and the crime-intent requirement turns mere entry into burglary.

The other scenarios fail for this reason: entering a building that’s open to the public isn’t burglary, even if there’s intent to commit a crime; entering a habitation that’s open to the public isn’t typical burglary; and entering a building not open to the public with no crime intent isn’t burglary because there’s no criminal intent to commit another offense inside.