What constitutes home invasion in the third degree?

Home invasion in the third degree is specifically defined by the act of breaking and entering a dwelling without permission. This is an essential element in determining the severity of this crime. The law distinguishes home invasion from other types of burglary or unlawful entry by emphasizing the unauthorized nature of the entry into a dwelling, which is considered a person's home or living space.

While entering a dwelling with the intent to commit a crime is relevant in other degrees of home invasion, the hallmark of the third degree is simply the act of entering without consent. This particular provision is designed to protect the sanctity of a person's home and to deter individuals from unlawfully intruding into private residences.

The focus is on the action of breaking and entering. While other options address intentions and circumstances surrounding the entry, they do not encapsulate the specific criteria that establish home invasion in the third degree as effectively as the unauthorized entry itself.