A homeless man enters a vacant apartment through a broken window and stays for months. What is the charge?

• A. Robbery
• B. Burglary
• C. Trespass to personal property
• D. Entering and occupying real property - misdemeanor

Answer: (D)

Entering and occupying real property without permission is a crime even if there’s no intent to steal or commit another offense. Burglary requires an intent to commit a crime inside the building at the time of entry, which isn’t shown here. The man entered a vacant apartment through a broken window and stayed for months, so the prohibited act is the unauthorized entry plus continued occupancy. That combination fits the misdemeanor offense of entering and occupying real property. Robbery involves taking property by force, which isn’t present, and trespass to personal property targets belongings rather than real property, so they don’t fit as well.