International Law Enforcement Academies (ILEA) Criminal Law Practice Exam

What constitutes Residential Entry?

1. Entering someone's property with a stolen key

2. Breaking in to steal valuable items

3. Breaking and entering a dwelling without intent to commit theft or felony

4. Entering a business with intent to commit shoplifting

The correct answer is: Breaking and entering a dwelling without intent to commit theft or felony

Residential entry is defined specifically based on the context and intent behind the action of entering a dwelling. The correct answer highlights that breaking and entering a dwelling without the intent to commit theft or felony qualifies as residential entry. This is significant because the legal interpretation of residential entry often focuses on the unlawful nature of the act rather than the intent to commit a subsequent crime such as theft or another felony. In many jurisdictions, simply entering someone's residence without permission—a violation of property rights—constitutes the primary issue at hand, regardless of whether there is a planned criminal action. The absence of intent to commit a theft or felony may still make the act unlawful due to the invasion of privacy and trespassing involved. The other scenarios do involve unlawful entry, but they are characterized by clear intentions to commit an additional crime, which is not the case for the correct choice. Thus, understanding this distinction is crucial in the realm of criminal law and property rights.