For a burglary charge, what condition must not be met for a successful conviction?

For a successful conviction of burglary, it is essential to establish that the defendant unlawfully entered a building with the intent to commit a crime inside. The condition that the location was open to the public is particularly important because if a space is deemed open to the public, entering it does not typically constitute unlawful entry, which is a critical element of burglary.

In contrast, if the defendant did not enter a building, that condition clearly fails the requirement for a burglary charge. Similarly, having no premeditation or lacking proof of intent can impact the legal outcome, but they do not inherently negate the classification of the location in question. Therefore, the nature of the location, being open to the public, fundamentally affects the unlawful entry requirement necessary for a burglary charge. This highlights that a successful burglary conviction can't be achieved if the area was accessible to everyone, thus failing to fulfill the unlawful entry component of the definition of burglary.