What additional factor must be present under §17 for entering without breaking?

Prepare for the MPTC Breaking and Entering Test. Utilize flashcards and multiple choice questions with explanations. Be ready for your examination!

The correct answer highlights an essential aspect of understanding unlawful entry under the specified statute. Entering a property without breaking, such as through an open door or window, involves considerations of the individuals within the space. For a charge to be substantiated, there needs to be an element of intimidation or fear imparted to the lawful occupants of the dwelling. This is critical because the legal framework aims to protect individuals from not only physical intrusion but also the psychological impact that such an intrusion may cause.

The presence of fear in occupants under these circumstances is indicative of the unlawful nature of the entry, reinforcing the violation of the sanctity of one's home. It’s necessary to establish that the entry was not only unauthorized but also menacing to those inside, enhancing the severity of the offense.

Other factors such as the presence of minors, ownership of the property, or the time of day are relevant in different contexts but do not directly contribute to the specific requirements needed to establish the unlawful nature of entering without breaking under §17. They do not inherently capture the critical element of the occupants' experience of fear, which is paramount in assessing the legitimacy of the entry.

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