A home burglarized under construction and unable to be secured is classified as which offense?

• A. Burglary
• B. Larceny
• C. Robbery
• D. Theft

Answer: (B)

Understanding the distinction between burglary and larceny is key here. Burglary hinges on entry into a structure with the intent to commit a crime inside; there’s usually a breaking element, and it’s focused on the act of entering a building to commit theft or another crime. If a home is under construction and not secured, there may be no forced entry or breaking involved. The offense described is the taking of property from that unsecured site, which is larceny: unlawfully taking someone else’s property with the intent to permanently deprive, accomplished by trespassory taking but without breaking into the structure. Robbery is about taking by force or intimidation from a person, which isn’t described here, and theft is a broader term that in this context is precisely captured by larceny.