How is burglary defined in legal terms?

Study for the Georgia Bar Exam. Prepare with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

Burglary, in legal terms, is accurately defined as the act of breaking and entering with the intent to commit a crime, typically a felony or theft, inside a structure. This definition captures both critical components of the offense: the unlawful entry and the intention to commit a crime upon that entry. The requirement of intent is what distinguishes burglary from other offenses, as it emphasizes the mental state of the individual at the time of entry rather than the act of entry itself.

The other definitions do not encompass the full legal definition of burglary. Simply entering a property without permission refers to trespassing, which lacks the element of intent to commit a crime. Committing theft during daytime hours specifies a particular circumstance but does not capture the broader definition of burglary, which can occur at any time. The use of weapons to intimidate during theft could relate more closely to robbery, which involves taking property from a person through intimidation or force, rather than the technical legal definition of burglary, which focuses on the unlawful entry with criminal intent.

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