In the Matter of T.J.E.
South Dakota Supreme Court
426 N.W.2d 23 (1988)
Relevant factsFree
Eleven-year-old T.J.E. (defendant) ate a chocolate Easter egg in a retail shop while with her aunt and left without paying; the store manager stopped her outside, she admitted eating it, and despite her aunt's offer to pay, the manager called the police. The state charged T.J.E. with second-degree burglary in a delinquency petition, and the circuit court adjudicated her a delinquent child, sustaining the burglary charge; she appealed.
IssueFree
Whether a defendant commits second-degree burglary by entering an occupied structure without the intent to commit a crime, if he or she commits a crime only after entering.