Statutory Burglary 18.2-90 nighttime entry example: which of the following is correct?

Statutory Burglary 18.2-90 nighttime entry example: which of the following is correct?

• A. Entering in the nighttime without breaking.
• B. Breaking and entering in the day.
• C. Concealing oneself in the day.
• D. Entering with consent.

Answer: (A)

Statutory burglary under 18.2-90 focuses on entering a dwelling at night with the intent to commit a felony, and breaking the entry isn’t required. So entering a dwelling at night without breaking fits this rule, because the crucial element is the nighttime unlawful entry itself, not the act of breaking. The other options miss one or more elements: daytime entry fails the nighttime requirement; breaking and entering in the day still lacks the nighttime element and the act of breaking isn’t necessary for this statute; concealing oneself isn’t an entry into the dwelling at all; and entering with consent means there’s no unlawful entry to burglarize.

Statutory burglary under 18.2-90 focuses on entering a dwelling at night with the intent to commit a felony, and breaking the entry isn’t required. So entering a dwelling at night without breaking fits this rule, because the crucial element is the nighttime unlawful entry itself, not the act of breaking. The other options miss one or more elements: daytime entry fails the nighttime requirement; breaking and entering in the day still lacks the nighttime element and the act of breaking isn’t necessary for this statute; concealing oneself isn’t an entry into the dwelling at all; and entering with consent means there’s no unlawful entry to burglarize.