In burglary, which statement describes no prior intent but intent develops during the act?

• A. Has the intent before committing the crime
• B. No intent previous to committing crime, however in the moment gets the intent
• C. Intent arises during the act
• D. The offender must intend to commit theft only

Answer: (B)

The key idea is how mens rea (the guilty mind) applies in burglary: the crime involves entering a building with the intent to commit a crime inside. Some jurisdictions accept that the offender’s intent to commit a crime can develop after entering, even if there was no such intent at the moment of entry. This description—no pre-existing intent, but the intent forms during the act—captures that scenario. It fits a situation where someone enters with no plan to steal, but as they proceed they decide to commit a theft or other crime inside. For example, a person steps inside to look around and, once inside, forms the intent to take something. The other statements imply pre-formed intent, or constrain the intent too narrowly to theft, which doesn’t align with the described situation.