A man enters an apartment through a window with intent to commit rape. What crime is he guilty of?

• A. Trespass
• B. Attempted rape
• C. Assault
• D. Burglary (Felony)

Answer: (D)

The main idea tested is that unlawful entry into a dwelling with the intent to commit a crime inside qualifies as burglary. Here, the man enters an apartment through a window, which is an unlawful entry into a home, and his purpose at the time is to commit rape, a crime. Because both elements are present—the unlawful entry into a dwelling and the intent to commit a crime inside—the act meets the definition of burglary. This goes beyond mere trespass, which is entry without the additional felony intent; it also isn’t simply an attempted rape, since the key factor is the unlawful entry with felonious intent inside the dwelling. Assault isn’t fitting because there’s no described act of violence against a person at the moment of entry. So the charge that fits best is burglary.