Which scenario would constitute 1st Degree Burglary?

• A. Any party to the offense entered the habitation with intent to commit a felony other than felony theft or committed or attempted to commit a felony other than felony theft
• B. Entering the habitation with intent to commit felony theft
• C. Entering a building open to the public with any intent
• D. Remaining concealed in a building with intent to commit a felony theft

Answer: (A)

1st-degree burglary focuses on entering or remaining in a dwelling with the intent to commit a felony, specifically a felony other than theft, or actually committing or attempting such a felony while inside. The crucial points are the type of building (a habitation) and the particular felony contemplated inside (not theft).

In this scenario, the offense fits because someone enters the habitation with the purpose to commit a felony other than theft (or commits or attempts such a felony) and does so as a party to the offense. The inclusion of “any party to the offense” also covers accomplices who participate in the entry or the felonious plan inside.

The other options don’t satisfy the listed criteria: entering with the intent to commit felony theft is excluded by the “felony other than felony theft” condition, so it wouldn’t be 1st-degree burglary here. Entering a building open to the public isn’t burglary because the place isn’t a habitation for this offense. Remaining concealed with intent to commit a felony theft also centers on theft, which is excluded by the same rule, so it wouldn’t qualify.