Which offense requires knowingly entering or remaining unlawfully in a building with the intent to commit a crime, with mere intent sufficing?

Prepare for the NYPD 2nd Trimester Test. Use flashcards and multiple choice questions, complete with helpful hints and explanations. Ace your exam!

Multiple Choice

Which offense requires knowingly entering or remaining unlawfully in a building with the intent to commit a crime, with mere intent sufficing?

Explanation:
Burglary is charged when someone knowingly enters or remains unlawfully in a building with the intent to commit a crime, and the key point is that mere intent to commit a crime is enough to satisfy the element. You don’t have to actually steal or attempt the crime; if at the moment of entry you intend to commit a crime, that intent plus unlawful entry completes the offense. This distinguishes burglary from other offenses: criminal trespass or trespass deal mainly with unlawfully entering or remaining on premises without the required intent to commit a crime, while possession of burglar’s tools concerns having tools that could be used to commit burglary, not the act of entering itself.

Burglary is charged when someone knowingly enters or remains unlawfully in a building with the intent to commit a crime, and the key point is that mere intent to commit a crime is enough to satisfy the element. You don’t have to actually steal or attempt the crime; if at the moment of entry you intend to commit a crime, that intent plus unlawful entry completes the offense. This distinguishes burglary from other offenses: criminal trespass or trespass deal mainly with unlawfully entering or remaining on premises without the required intent to commit a crime, while possession of burglar’s tools concerns having tools that could be used to commit burglary, not the act of entering itself.

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