ASIS International (ASIS) Professional Certified Investigator Practice Exam

Which of the following describes third degree burglary?

1. Entering any structure with a weapon

2. Remaining unlawfully in a structure intending to commit a crime

3. Entering unlawfully without intention to commit a crime

4. Breaking a lock to gain entry

The correct answer is: Remaining unlawfully in a structure intending to commit a crime

The definition of third degree burglary is accurately captured by remaining unlawfully in a structure with the intent to commit a crime. This implies that the individual has already entered the structure without permission and is choosing to stay with the purpose of engaging in further criminal activity. The focus is on the unlawful presence and the intent to commit a crime after having gained access, which distinguishes it from more serious forms of burglary that may involve additional elements such as breaking and entering or the use of weapons. In the context of the other options, entering a structure with a weapon relates more closely to armed burglary or home invasion, which typically represents a higher degree of offense due to the presence of a weapon. Entering unlawfully without the intention to commit a crime does not meet the criteria for burglary, as the act must involve the intent to commit an offense once inside. Finally, breaking a lock to gain entry speaks to the method of entry but does not encompass the aspect of remaining in the structure with criminal intent, which is key to third degree burglary. Thus, the correct answer encapsulates the essential elements of unlawful entry and intent, solidifying its classification as third degree burglary.