Unlawful entry differences from burglary by lacking which element?

• A. Breaking in
• B. Intent at time of entry
• C. Any entry must be at night
• D. The property value

Answer: (B)

The key idea is that burglary requires two elements: entering a structure unlawfully and having the specific intent to commit a crime inside at the moment of entry. Unlawful entry does not include that second element. So, if someone enters without privilege but has no plan to commit a crime at the time they enter, they’re guilty of unlawful entry, not burglary. The other factors—whether breaking in is required, whether entry must be at night, or the property's value—are not what distinguishes burglary from unlawful entry in modern practice; the crucial difference is the intent at the time of entry.