Which of the following is a requirement for first-degree burglary?

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First-degree burglary involves the unlawful entry into a dwelling with the intent to commit a crime, typically a theft or another felony, while the premises are occupied. The requirement of "breaking and entering into an occupied dwelling at night" specifically meets the criteria set forth in many jurisdictions for first-degree burglary, as it emphasizes both the unlawful entry and the fact that the dwelling is occupied, which heightens the severity of the offense.

This classification is significant because entering a residence when it is occupied poses a greater risk to the occupants, often leading to additional charges related to the potential for harm or intimidation. Therefore, the focus on nighttime illegal entry aligns with the legal definition of first-degree burglary as a more serious crime compared to other forms of burglary that may not involve occupied dwellings or occur during daytime hours. Other scenarios, like entering unoccupied properties or using a key, do not satisfy the specific legal elements required for first-degree burglary.

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