Which of the following is NOT an element of burglary?

Which of the following is NOT an element of burglary?

• A. Unlawful entry into a structure.
• B. Intent to commit a crime inside.
• C. The force used to gain entry must be violent.
• D. The structure is a building or dwelling.

Answer: (C)

The key idea is what elements prosecutors must prove for burglary: unlawful entry into a building or dwelling with the intent to commit a crime inside. The way entry is accomplished isn’t tied to a required level of violence. Entry can be nonviolent—like opening an unlocked door or slipping in through an open window—and still satisfy burglary if the person enters without permission and has the intent to commit a crime inside. Because the force used to gain entry does not have to be violent, that statement isn’t an element of burglary. The other elements—unlawful entry, the structure being a building or dwelling, and the intent to commit a crime inside—are the core requirements.

The key idea is what elements prosecutors must prove for burglary: unlawful entry into a building or dwelling with the intent to commit a crime inside. The way entry is accomplished isn’t tied to a required level of violence. Entry can be nonviolent—like opening an unlocked door or slipping in through an open window—and still satisfy burglary if the person enters without permission and has the intent to commit a crime inside.

Because the force used to gain entry does not have to be violent, that statement isn’t an element of burglary. The other elements—unlawful entry, the structure being a building or dwelling, and the intent to commit a crime inside—are the core requirements.