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The following is a list of the minimum required crime elements for Burglary: ♦ Person knowingly enters or remains unlawfully (and) ♦ Building (and) ♦ Intent to commit crime therein. Is 'breaking and entering' into the building necessary? NO Opening an unlocked door or climbing through an open window is sufficient. Must the crime therein be a larceny (theft)? NO It can apply to any crime, such as criminal mischief or assault. Additional elements that can increase the severity of the crime of Burglary. ♦ The building is a dwelling or ♦ Person or another participant is armed with explosives or a deadly weapon or ♦ Person or another participant causes physical injury or ♦ Person or another participant uses or threatens use of dangerous instrument or ♦ Person or another participant displays what appears to be firearm. What is considered a 'building' as related to Burglary? (Penal Law Article 140.00) "Building," in addition to its ordinary meaning, includes any structure, vehicle or watercraft used for overnight lodging of persons, or used by persons for carrying on business therein, or used as an elementary or secondary school, or an inclosed motor truck, or an inclosed motor truck trailer. Where a building consists of two or more units separately secured or occupied, each unit shall be deemed both a separate building in itself and a part of the main building. What is a 'dwelling' (Penal Law Article 140.00) "Dwelling" means a building which is usually occupied by a person lodging therein at night. What is 'enter or remain unlawfully' (Penal Law Article 140.00) "Enter or remain unlawfully." A person "enters or remains unlawfully" in or upon premises when he is not licensed or privileged to do so. A person who, regardless of his intent, enters or remains in or upon premises which are at the time open to the public does so with license and privilege unless he defies a lawful order not to enter or remain, personally communicated to him by the owner of such premises or other authorized person. A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of the building which is not open to the public. A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him by the owner of such land or other authorized person, or unless such notice is given by posting in a conspicuous manner. A person who enters or remains in or about a school building without written permission from someone authorized to issue such permission or without a legitimate reason which includes a relationship involving custody of or responsibility for a pupil or student enrolled in the school or without legitimate business or a purpose relating to the operation of the school does so without license and privilege. What is 'intentionally' (Penal Law Article 15.05) A person acts intentionally with respect to a result or to conduct described by a statute defining an offense when his conscious objective is to cause such result or to engage in such conduct. When is it considered 'night' (Penal Law Article 140.00) "Night" means the period between thirty minutes after sunset and thirty minutes before sunrise. What is a 'physical injury' (Penal Law Article 10.00) "Physical injury" means impairment of physical condition or substantial pain. What is a deadly weapon' (Penal Law Article 10.00) "Deadly weapon" means any loaded weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged, or a switchblade knife, gravity knife, pilum ballistic knife, metal knuckle knife, dagger, billy, blackjack, plastic knuckles, or metal knuckles. What is a 'dangerous instrument' (Penal Law Article 10.00) "Dangerous instrument" means any instrument, article or substance, including a "vehicle" as that term is defined in this section, which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or other serious physical injury. What is a 'firearm' (Penal Law Article 265.00) "Firearm" means (a) any pistol or revolver; or (b) a shotgun having one or more barrels less than eighteen inches in length; or (c) a rifle having one or more barrels less than sixteen inches in length; or (d) any weapon made from a shotgun or rifle whether by alteration, modification, or otherwise if such weapon as altered, modified, or otherwise has an overall length of less than twenty-six inches; or (e) an assault weapon. For the purpose of this subdivision the length of the barrel on a shotgun or rifle shall be determined by measuring the distance between the muzzle and the face of the bolt, breech, or breechlock when closed and when the shotgun or rifle is cocked; the overall length of a weapon made from a shotgun or rifle is the distance between the extreme ends of the weapon measured along a line parallel to the center line of the bore. Firearm does not include an antique firearm. What is a 'felony' (Penal Law Article 10.00) "Felony" means an offense for which a sentence to a term of imprisonment in excess of one year may be imposed. Burglary Question: Two persons enter the garage area of a closed service station at night without the permission of the owner. They entered the garage through a closed unlocked window in the rear of the building. While therein they remove several tools valued at over $1,000.00 Which of the following best describes the crime committed? A - Burglary 1st degree B - Burglary 2nd degree C - Burglary 3rd degree D - Not a Burglary because they did not break in. Find the answer...