FOCL Practice Test

In which offense is it required that an entry of the entire body is necessary to constitute an "entry"?

1. Burglary of vehicles

2. Burglary

3. Criminal trespass

4. Robbery

The correct answer is: Criminal trespass

In the context of criminal law, particularly when discussing the offense of criminal trespass, an entry is defined as entering a property without permission. In many jurisdictions, for the offense to be constituted as criminal trespass, a person must enter onto the land or property, and in some cases, this includes the requirement for the entire body to be within the boundaries of that property. This means that for criminal trespass to be established, the person must fully cross into the area that is not theirs, reflecting an invasion of the property rights of the owner. The complete entry signifies a more significant violation of the private space compared to other offenses, such as burglary or robbery, where partial entry can suffice for different legal implications. In contrast, while burglary itself involves unlawful entry with the intent to commit a crime, it does not specifically require the entire body to be within the confines of the property for the charge to be applicable. Similarly, burglary of vehicles and robbery focus on the intent and action of taking property, which may not necessitate full bodily entry. Therefore, criminal trespass distinctly emphasizes the requirement of complete entry for the offense to be valid.