Is this considered first degree burglary?

UPDATED: Oct 1, 2022

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Is this considered first degree burglary?

Is going into your friends dorm and stealing food considered first degree
burglary if they call the cops but then don’t want to press charges once they
figure out it was just you?

The police said this is first degree burglary and that it is up tot the county if
they would like to follow up on the case.

Asked on April 23, 2018 under Criminal Law, Minnesota


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

What you did is NOT first degree burglary in MN.
First degree burglary in MN is defined as follows: The burglar possesses a dangerous weapon, any article used or fashioned in a manner to lead the victim to reasonably believe it to be a dangerous weapon or an explosive; or the burglar assaults a person within the building or on the building's appurtenant property commits burglary in the first degree.
Although your action does not meet the requirements for first degree burglary, you could be charged with burglary under Common Law which is the breaking and entering of the dwelling house of another with the intent to commit a felony therein.
You satisfied those elements for burglary because you broke and entered into the dorm with the intent to commit a felony (larceny- stealing the food).

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