Burglary in the first degree occurs when:

Burglary in the first degree is defined by the presence of intent to commit a crime while someone is present in the dwelling. This means that for it to be classified as first-degree burglary, the perpetrator must have the intention to commit a crime, such as theft or another offense, and there must be a human presence in the structure at that time. This condition significantly elevates the seriousness of the offense, as it poses a direct threat to personal safety.

In contrast, the other scenarios do not meet the criteria for first-degree burglary. For instance, an unoccupied building does not impose the same level of danger to individuals, making it a different classification of burglary. Similarly, burglary focused solely on property theft, without the presence of a person and the intent to commit a crime against them, demonstrates a lesser degree of severity in the charge. Lastly, entering a property without weapons does not negate the charge of first-degree burglary if there is an intent to commit a crime while someone is present. Thus, the key factor underscoring first-degree burglary is the combination of intended criminal activity and the presence of individuals, which heightens the risk and consequences involved.