A homeless man finds a vacant apartment with a broken window, climbs through the window, and lives there for three months before the owner discovers him. What form of trespass did he commit?

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

Answer: (B)

The situation hinges on unauthorized entry into real property and an unlawful occupancy. Burglary requires intent to commit a crime inside at the time of entry, and there’s no evidence of that here—he entered without permission but didn’t show an intent to commit a crime. He also didn’t damage or steal anything, so it isn’t about personal property.

By entering a dwelling without permission and then living there for an extended period, he has both entered and occupied real property without consent. That combination fits the description of entering and occupying real property, which is typically treated as a misdemeanor trespass. The option focusing on criminal trespass to real property could apply in other contexts (for example, after being asked to leave or with posted warnings), but the facts given align best with the simple act of entering and occupying, making it the most fitting choice.