What criteria are included for breaking or entering a building?

Breaking or entering a building is fundamentally defined by the act being performed without the consent of the property owner or occupant. This element is crucial because, in the eyes of the law, consent establishes a legal right to enter a property. When someone enters a building without permission, it constitutes an unlawful entry, which is essential for qualifying the act as breaking and entering.

The focus on consent highlights that merely being on the property is not enough; there must be a violation of the owner's rights. This principle underlies various laws pertaining to trespassing and burglary, making it a critical criterion in understanding the illegality of the act. Even if an individual enters a building, if they have permission, the action cannot be classified as breaking or entering, regardless of other circumstances present.

Other options like the need for a building to be a public space, having the intent to sell property, or the necessity for valuables inside do not directly relate to the core definition of breaking or entering. These factors may contribute to different aspects of criminal intent or charges but are not foundational to establishing the act of breaking and entering itself. Thus, the absence of consent remains the primary criterion that defines the illegality of the entry.