How does the Texas Penal Code define "burglary"?

The Texas Penal Code defines "burglary" as entering a habitation or building with the intent to commit a felony, theft, or assault. This definition emphasizes the unlawful entry element, which is a foundational aspect of burglary charges. The key components are the act of entering a structure—whether it’s a home (habitation) or another type of building—and having a specific intent to commit a crime once inside. This definition extends beyond merely breaking in; it encapsulates the intent behind the action, which is crucial for establishing the offense.

In contrast, the other choices focus on narrower or different aspects of unlawful activity. For example, breaking into a vehicle with intent to steal refers specifically to theft from a vehicle and doesn't encompass the wider definition linked to residential and building entry. The mention of unauthorized entry into a commercial building also restricts the scope and does not align with the legal breadth of "burglary," which includes both dwellings and other types of buildings. Lastly, possessing burglary tools with intent to use them pertains to preparation for burglary, not the actual act of entry or the intent to commit a specific crime once entered, aligning more with conspiracy or preparation offenses rather than the completed act of burglary itself.