New York Private Investigator Regulations Practice Exam

What constitutes burglary?

1. Entering a building to conduct a survey

2. Unlawful entry or remaining in a building with intent to commit a crime

3. Stealing property from a public space

4. A lawful search conducted by law enforcement

The correct answer is: Unlawful entry or remaining in a building with intent to commit a crime

Burglary is defined as the unlawful entry into a building or structure with the intent to commit a crime inside. This means that the act itself involves two key elements: the entry must be unauthorized, and the person must have the intent to commit an offense, which can include theft, vandalism, or any other crime once inside. In this context, the notion of "unlawful entry" encompasses any method of gaining access to a building that is not permitted, such as breaking and entering or even remaining in a building without permission. The focus is not only on entering but also on the purpose behind that entry, which is crucial in establishing the crime of burglary. When considering the other options, conducting a survey does not involve criminal intent, making that choice irrelevant to the definition of burglary. Stealing property from a public space does not fit the criteria, as burglary specifically pertains to unlawful entry into private structures. Lastly, a lawful search by law enforcement is entirely legal and does not constitute burglary since it follows the due process of law. Thus, option B accurately captures the essence of what constitutes burglary.