What constitutes 3rd Degree Felony for Burglary?

• A. Entering a habitation with intent to commit a felony other than theft
• B. Entering a commercial building and stealing a device
• C. Entering a building not a habitation and committing a felony
• D. Entering a commercial building where a controlled substance is stored, and remaining concealed with intent to steal a controlled substance

Answer: (D)

Burglary in this context requires unlawful entry or remaining in a building with the intent to commit a felony or theft inside. The third-degree level, for a non-dwelling building, typically covers entering a place not meant for living with the plan to commit a theft or another felony inside, and the act of staying there with that intent (often shown by concealment) can establish the offense.

In this scenario, entering a commercial building where controlled substances are stored and remaining concealed with the intent to steal a controlled substance fits those elements. The building isn’t a home, and the person has the specific plan to steal a controlled substance, with concealment indicating they intend to execute that theft while inside. That combination aligns with third-degree burglary.

Why the other situations aren’t as fitting: entering a dwelling with intent to commit a felony (even if not theft) is generally a different, higher-category burglary. Taking a device from a commercial building shows theft rather than burglary unless there’s an unlawful entry with the intent to commit a felony inside. Entering a non-dwelling and committing a felony inside could qualify as burglary in some cases, but the defined scenario emphasizes the concealed intent to steal a controlled substance, which is characteristic of the third-degree burglary described.