FOCL Practice Test

What offense has Pierre committed by entering a closed business to escape the cold?

1. Criminal Trespass

2. Burglary

3. Breaking and Entering

4. Public Intoxication

The correct answer is: Criminal Trespass

The situation described involves Pierre entering a closed business to seek refuge from the cold, which constitutes an act of unauthorized entry into a property with intent that does not align with the owner's consent or purpose. Criminal trespass specifically refers to entering or remaining on a property without permission from the owner, which applies here as Pierre did not have the consent to enter the closed business. Burglary typically involves the intent to commit a crime inside after entering a structure illegally; while Pierre’s act might seem similar, his intention appears to be merely seeking shelter rather than committing a theft or another crime. Breaking and entering is more closely associated with the physical act of forcibly entering a structure with the intent to commit a crime therein, which is not explicitly stated in Pierre’s case. Public intoxication involves being under the influence of alcohol in public, which does not apply in this scenario unless specified, thus making criminal trespass the most relevant offense Pierre committed in this context.