A man breaks into a closed restaurant in the middle of the night by shattering a window. Once inside, he enters the owner's office to look for money in the desk. Before finding anything of value, he hears an alarm and leaves the building. Which of the following best describes the crime the man committed?
Under both common law and modern statutes, burglary involves entering a structure with the intent to commit a crime inside. At common law, the elements were a breaking and entering of the dwelling of another at night with the intent to commit a felony. Modern statutes have often broadened this definition to include any structure, at any time, and with the intent to commit any crime, including misdemeanor theft. In this scenario, the man broke into the restaurant (a structure) with the intent to commit theft. This act satisfies the elements of burglary, which is considered complete upon entry with the requisite intent, even if the underlying crime is never finished. While the man also committed trespass and attempted larceny, burglary is the most serious and specific offense that best describes his entire course of conduct.
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