When Does an Illegal Entry Become Burglary

[anonymous5]

My question involves criminal law for the state of: Idaho
If the definition of burglary is BURGLARY DEFINED. Every person who enters any house, room,
apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse, or
other building, tent, vessel, vehicle, trailer, airplane or railroad car, with
intent to commit any theft or any felony, is guilty of burglary.
Then if i entered a home without the intent to steal anything and then circumstances changed and i decided to take something, is it still burglary?

[Mr. Knowitall]

Are you asking in the abstract? In theory, if you do not have the intent to steal when you enter, the requirement of having intent to steal when you enter has not been met.

In practice, if you're charged with burglary, you're going to have a difficult time convincing people that you formed your intent to commit a felony only after you entered.

[PTPD22]

If you entered a residence illegally, what was your intent when you entered? How did the circumstances change once you were inside so that you were inspired to steal? Like Mr. K says, you are going to have a hard time convincing anyone that you illegally entered someone’s home just to “hang out” and only after entry decided “Hey, that plasma is cool…think I’ll take it.”

[Disagreeable]

If you had entered an outhouse, then decided to steal something other than toilet paper there, you might be believed. Other than that, I think you are stretching to far.