When does burglary in the 2nd degree occur?

Burglary in the 2nd degree occurs specifically when a person unlawfully enters a building or structure with the intent to commit a crime inside. This means that mere entry without permission, combined with the intention to engage in illegal activity, constitutes the core definition of this crime. The focus is on the intent at the time of entering and the unlawful nature of that entry.

This definition distinguishes burglary from theft or other crimes that may occur outside a building or involve different modes of unlawful entry. In contrast, factors like the time of day, such as breaking into a home at night, or the involvement of theft without physical entry do not adequately satisfy the legal criteria for burglary in the 2nd degree. The key element is the unlawful entry paired with the intent to commit a crime, which clearly delineates this statute within legal frameworks.