Kentucky Private Investigator Practice Test

Which degree of burglary involves intent to commit a theft while threatening physical force?

1. First degree burglary

2. Second degree burglary

3. First degree robbery

4. Second degree robbery

The correct answer is: Second degree burglary

The scenario described pertains specifically to the concept of burglary with an intent to commit theft while involving the threat of physical force. In Kentucky, the definition of first and second degree burglary is pivotal in determining the appropriate classification of the crime. First degree burglary involves entering a building with the intent to commit a crime therein and is typically classified as more severe when it entails the presence of a weapon or when someone is present in the dwelling during the commission of the burglary. It is seen as a more serious offense due to the potential danger posed to individuals in the vicinity. Second degree burglary, on the other hand, involves entering or remaining in a building unlawfully with the intent to commit a crime inside, not necessarily including the aspect of threatening violence or employing a weapon. While it still constitutes a serious crime, the absence of forceful threats distinguishes it from first degree burglary. When considering robbery, it is crucial to note that it explicitly includes the use or threat of force to take property from another person. First degree robbery implies that there is a weapon involved or that physical injury could occur, elevating its severity. Second degree robbery, however, might include the use of force or intimidation without a weapon. In this context, while option B is noted, it is