What is a defining factor of Breaking and Entering?

The defining factor of Breaking and Entering is fundamentally tied to the intent behind the action combined with the act of trespassing. To constitute Breaking and Entering, there must be an unlawful entry into a structure, along with the intention to commit a crime, typically theft, once inside. This means not only must the individual enter the building without permission, but there must also be a predetermined intention to commit an illegal act within that space.

This definition emphasizes both the action of entering without consent and the intent to commit a crime, which distinguishes it from simply entering a property without breaking or without a malevolent intention. Consequently, this makes the correct option particularly significant in understanding the legal framework surrounding property crimes.