When can a suspect be arrested under the charge of entering a building without breaking?

A suspect can be arrested for entering a building without breaking when fear is instilled in a lawful occupant. This element is crucial because it addresses the impact of the action on the occupants of the building, rather than merely focusing on the act of entering itself. The law recognizes that the presence of fear can transform the nature of what may initially appear to be a harmless entry into a more serious concern, potentially qualifying it for criminal charges.

Instilling fear in a lawful occupant signifies a level of intimidation or threats that can lead to a reasonable belief that the person's safety is compromised. This aspect is important in criminal law as it underscores the relevance of the subjective experience of individuals in the context of illegal entries. The other options, such as the owner's absence or the time of the entry, do not inherently establish a basis for fear, nor do they involve the intent to commit a felony, which is a separate consideration. Therefore, the presence of fear becomes a defining characteristic of the criminal act in question.