What constitutes first degree burglary?

First degree burglary is defined specifically by the intent to commit a crime while unlawfully entering a dwelling, particularly when there is the potential for confrontation with occupants. When someone enters a dwelling without consent while another individual is present, it heightens the seriousness of the crime due to the risk of harm or violence that can occur. This element of being in the presence of another person is crucial, as it indicates a potential threat to safety, aligning with the legal definitions that categorize such actions as a more severe form of burglary.

The other options do not meet the criteria for first degree burglary. Entering a building to steal without consent typically describes theft or burglary but does not specify the presence of occupants, which is key to the first degree classification. Entering any building with consent, or entering a non-residential building with consent, does not constitute burglary at all, as consent negates the illegal entry aspect necessary for a burglary charge. Thus, the distinct element of potential risk to individuals residing in the dwelling is what justifies the selection of the correct answer.