A man breaks into a closed restaurant in the middle of the night by shattering a window. Once inside, he enters the owner's office to look for money in the desk. Before finding anything of value, he hears an alarm and leaves the building. Which of the following best describes the crime the man committed?
Burglary involves the breaking and entering of a structure with the intent to commit a felony inside. In this scenario, the man broke into the restaurant (breaking and entering) and intended to search for and take money (a felony theft). The act of entering with this intent satisfies the definition of burglary. Other options may describe similar crimes but either lack specific elements of burglary—such as entering a structure—or fail to adequately account for the intent to commit a further crime.
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What are the key elements that define burglary?
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How does burglary differ from trespass?
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What does 'intent to commit a felony' mean in the context of burglary?