New York State Court Officers Practice Exam

Does a break-in have to happen to constitute an offense as a burglary?

1. Yes

2. No

3. Depends on the circumstances

4. Only during the night

The correct answer is: No

Burglary is defined as illegally entering a building or structure with the intent to commit a crime inside. Importantly, the act of breaking in is not a requirement for an offense to be classified as burglary. The key element is the unlawful entry with intent, which can occur without any physical break-in, such as entering through an unlocked door or window. Therefore, the presence or absence of a break-in does not affect the determination of whether an act constitutes burglary. This flexibility in the definition allows for various circumstances surrounding unlawful entry to still be recognized as burglary, which is why the assertion that a break-in must happen is incorrect.