For Burglary, which scenario would be classified as a 3rd Degree Felony?

• A. Entering a habitation with intent to commit a misdemeanor
• B. Entering a non-habitation building with intent to steal from a public library
• C. Remaining concealed in a building with intent to commit a petty theft
• D. Entering a commercial building where controlled substances are stored, and remaining concealed with intent to steal a controlled substance

Answer: (D)

Burglary penalties hinge on where you break in and what you intend to steal, with certain targets and concealment tactics pushing the charge to a higher degree. Entering a commercial building where controlled substances are stored and remaining concealed with the intent to steal a controlled substance fits a more serious burglary because it combines a non-habitation structure, a targeted, high-value item, and deliberate concealment. This combination commonly elevates the offense to a third-degree burglary. The other scenarios involve a dwelling or lower-value targets, or lack the specific combination of concealment and theft of controlled substances, so they don’t reach that same level of severity.