Burglary with the intent to commit larceny or any felony not involving murder, rape, robbery or arson is described under 18.2-91. Which option best reflects that intent?

Burglary with the intent to commit larceny or any felony not involving murder, rape, robbery or arson is described under 18.2-91. Which option best reflects that intent?

• A. A misdemeanor only.
• B. Trespassing.
• C. Any violent crime including murder.
• D. Larceny or felony not involving murder, rape, robbery or arson.

Answer: (D)

Burglary under this statute is all about the offender’s mindset at the moment of entry: the intent to commit a felony inside. If that intended felony is not one of the listed violent offenses (murder, rape, robbery, arson), the law describes the act as burglary with that non-enumerated felony, such as larceny. So the option that specifies “larceny or any felony not involving murder, rape, robbery, or arson” best fits the described intent and situation. Why the others don’t fit: aiming for a misdemeanor would mischaracterize the offense, since burglary with felonious intent is typically a felony, not a misdemeanor. Trespassing lacks the required intent to commit a felony inside. The idea of “any violent crime including murder” is too broad and includes offenses the statute excludes when defining this particular burglary form; the focus here is non-enumerated felonies like larceny.

Burglary under this statute is all about the offender’s mindset at the moment of entry: the intent to commit a felony inside. If that intended felony is not one of the listed violent offenses (murder, rape, robbery, arson), the law describes the act as burglary with that non-enumerated felony, such as larceny. So the option that specifies “larceny or any felony not involving murder, rape, robbery, or arson” best fits the described intent and situation.

Why the others don’t fit: aiming for a misdemeanor would mischaracterize the offense, since burglary with felonious intent is typically a felony, not a misdemeanor. Trespassing lacks the required intent to commit a felony inside. The idea of “any violent crime including murder” is too broad and includes offenses the statute excludes when defining this particular burglary form; the focus here is non-enumerated felonies like larceny.