Which statement is true about unlawful entry?

• A. It requires breaking in
• B. It requires intent to commit a crime at the time of entry
• C. It does not require breaking in
• D. It is always the same as burglary

Answer: (C)

Unlawful entry focuses on permission: entering a place without authorization. The method of entry isn’t the key issue, so you can commit unlawful entry without ever breaking anything. A person can walk through an unlocked door, slip past an opening, or remain after permission is withdrawn, and still violate unlawful entry if there’s no consent to be there.

That’s why saying it does not require breaking in is the best description. Breaking is a possible way to gain entry, but it isn’t a necessary element of unlawful entry itself. By contrast, burglary typically adds the element of intent to commit a crime inside at the time of entry and is not exactly the same as unlawful entry.