Which of the following is an element of burglary?

Burglary is defined as the unlawful entry into a structure with the intent to commit a crime. An essential element of burglary is that the defendant must have the intent to commit a crime at the time of entry. This means that when the individual entered the premises, they did so with a predetermined plan to engage in illegal activity, such as theft or another crime.

The nuance of intent is crucial because even if someone enters a building without permission, it does not constitute burglary unless they had the intention to commit a crime once inside. This differentiates burglary from other property crimes that might involve unauthorized entry without any accompanying intent to commit a crime.

The other options present scenarios that do not align with the legal definition of burglary. Freely entering the property does not imply criminal intent. Similarly, if the property was open to the public or if the defendant was invited onto the property, it negates the element of unlawful entry, which is foundational to the charge of burglary. Thus, the correct response highlights the necessity of intent as a critical component in establishing a burglary offense.