The crime of burglary, in most state statutes, is best described as:
A. entering the dwelling of another in the nighttime with the intent to commit a felony.
B. entering the dwelling of another without the consent of the person in possession.
C. entering a building or occupied structure without the consent of the person in possession to commit a crime.
D. breaking and entering the dwelling of another without consent.
im confused between C and D
To determine the best answer, we need to understand the definitions given in the options.
Option C states that burglary is the act of entering a building or occupied structure without consent, with the intention to commit a crime. This definition is commonly used in several state statutes.
Option D states that burglary involves breaking and entering into the dwelling of another without their consent. Breaking refers to physically breaking into a structure, such as by force or by picking locks.
Based on these definitions, the correct answer is option C. While breaking and entering may sometimes be involved in burglary, it is not always required. Burglary can occur through any unauthorized entry into a building or occupied structure with the intention to commit a crime, regardless of whether force was used to gain access.
Therefore, the best description of the crime of burglary, as commonly defined in state statutes, is entering a building or occupied structure without consent and with the intent to commit a crime.