Which statement is true regarding NY Burglary 2nd Degree elements?

Which statement is true regarding NY Burglary 2nd Degree elements?

• A. Enter or remain; In a building; With intent to commit crime
• B. Enter or remain; In a dwelling; With intent to commit crime
• C. Enter or remain; In a building; With intent to commit crime; and with weapon
• D. Enter or remain; In a building; With consent

Answer: (A)

Burglary in the second degree centers on entering or remaining unlawfully in a building with the intent to commit a crime inside. The key is the broad scope of “building” — it includes any building, not only a dwelling. No weapon is required, and the person’s entry is not negated by consent in this degree. If a weapon or explosions were involved or if the target were a dwelling with additional aggravating factors, the charge could rise to a higher degree. That’s why the statement describing entering or remaining in a building with the intent to commit a crime inside best fits the statute.

Burglary in the second degree centers on entering or remaining unlawfully in a building with the intent to commit a crime inside. The key is the broad scope of “building” — it includes any building, not only a dwelling. No weapon is required, and the person’s entry is not negated by consent in this degree. If a weapon or explosions were involved or if the target were a dwelling with additional aggravating factors, the charge could rise to a higher degree. That’s why the statement describing entering or remaining in a building with the intent to commit a crime inside best fits the statute.