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A state statute defines burglary as “breaking and entering into a residence at nighttime with the intent to commit a felony once inside.” In this statute, the elements are the following: (1) breaking, (2) and entering, (3) into a residence, (4) at nighttime. Breaking and entering are two criminal act elements. They must be committed with the specific intent, or purposely, to commit a felony once inside the residence. The elements of residence and nighttime are two attendant circumstances, which most likely have the lower level of general intentor knowingly. Thus this statute has fourseparate criminal intents that the prosecution must prove beyond a reasonable doubt for conviction.
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