Under 18.2-92, burglary with the intent to commit another misdemeanor includes breaking into an occupied dwelling with the intent to commit which type of crime?

Under 18.2-92, burglary with the intent to commit another misdemeanor includes breaking into an occupied dwelling with the intent to commit which type of crime?

• A. Breaking into an occupied dwelling during the day to commit vandalism.
• B. Breaking into an occupied dwelling at night to commit assault and battery.
• C. Breaking into an unoccupied shed to commit theft.
• D. Breaking into an occupied dwelling at night to commit trespassing.

Answer: (D)

Breaking into an occupied dwelling at night with the intent to trespass fits this statute because 18.2-92 covers burglary not only when the intent is a felony or larceny, but also when the intent is to commit another misdemeanor. Trespass is a recognized misdemeanor that can be the underlying purpose for the burglary charge in this context. The other scenarios involve offenses (vandalism, assault and battery, theft) that either describe different crimes or require different elements, whereas the key idea here is the offender’s plan to commit a misdemeanor—specifically trespass—during the break-in.

Breaking into an occupied dwelling at night with the intent to trespass fits this statute because 18.2-92 covers burglary not only when the intent is a felony or larceny, but also when the intent is to commit another misdemeanor. Trespass is a recognized misdemeanor that can be the underlying purpose for the burglary charge in this context. The other scenarios involve offenses (vandalism, assault and battery, theft) that either describe different crimes or require different elements, whereas the key idea here is the offender’s plan to commit a misdemeanor—specifically trespass—during the break-in.