Garage door is open; a man goes in and steals tools intentionally. What crime is charged?

Garage door is open; a man goes in and steals tools intentionally. What crime is charged?

• A. Burglary
• B. Robbery
• C. Larceny
• D. Residential burglary

Answer: (D)

Entering a dwelling with the intent to commit a crime inside meets the elements of burglary. Since the garage is part of a residence, going in with the purpose of stealing tools amounts to residential burglary. The open door does not remove the entry requirement—entry into a dwelling with intent to commit theft is burglary, specifically the residential kind here. Robbery is out because there’s no taking from a person by force or intimidation. Larceny alone wouldn’t involve the required unlawful entry into a dwelling, whereas burglary does.

Entering a dwelling with the intent to commit a crime inside meets the elements of burglary. Since the garage is part of a residence, going in with the purpose of stealing tools amounts to residential burglary. The open door does not remove the entry requirement—entry into a dwelling with intent to commit theft is burglary, specifically the residential kind here. Robbery is out because there’s no taking from a person by force or intimidation. Larceny alone wouldn’t involve the required unlawful entry into a dwelling, whereas burglary does.