Which of the following is an element of "burglary" as defined under California Penal Code?

The definition of burglary under California Penal Code requires specific elements that are crucial for establishing the crime. The correct answer reflects the core component that burglary involves unlawful entry into a structure combined with the intent to commit a theft or a felony therein.

When someone unlawfully enters a building or structure—whether it’s a residence, business, or any other enclosed space—with the intention of committing theft or another felony, they fulfill both elements of the crime: the unlawful entry and the criminal intent. This is essential in distinguishing burglary from other offenses that may involve theft or entry but do not meet the technical legal standards set forth in the penal code.

Other options present scenarios that may involve theft or unauthorized entry but do not fit the legal definition of burglary as per California law. For instance, breaking into a parked car may involve theft, but it does not pertain to structures as required by the burglary statute. Similarly, simply breaking and entering an unoccupied building lacks the specific intent to commit theft or a felony at the time of entry. Lastly, the act of simple theft itself, while potentially a crime, does not encompass the specific components necessary to classify it as burglary within the legal framework.