What is the common law definition of burglary?

The common law definition of burglary specifically required that the offense involved the breaking and entering of another person's dwelling at night, with the intent to commit a felony within. This definition emphasizes the nature of the entry (i.e., it must be breaking and entering), the place involved (i.e., a dwelling), the time of the offense (i.e., at night), and the intent to commit a felony, which highlights the seriousness of the crime.

This specific combination of elements reflects the common law's focus on both the intrusion and the intent behind that intrusion—elements that differentiate burglary from other property crimes such as theft or trespass. The requirement that the entry occurs at night was rooted in historical perceptions of danger and the sanctity of one's home during these hours. Thus, the correct definition aligns perfectly with these established criteria laid down in common law.

The other choices do not fully capture the traditional elements of burglary as recognized in common law. Unlawful entry is too broad without the specific mention of breaking into a dwelling at night. Similarly, while malicious intent is involved, the definition needs to specify that the intent is to commit a felony. Lastly, simply stealing from a building does not inherently involve the elements of entry or intent necessary to constitute burglary under