Colorado POST Practice Exam

If a person jumps a fence and steals a dog, what is the most appropriate charge?

1. Pet theft

2. 2nd degree burglary

3. Simple theft

4. Trespassing

The correct answer is: 2nd degree burglary

The most appropriate charge in this scenario would be 2nd degree burglary. This charge is applicable because the individual not only entered a property unlawfully—by jumping the fence—but also committed a theft while on that property. 2nd degree burglary typically involves entering or remaining in a premises with the intent to commit a crime, and in this case, the crime is the theft of the dog. While pet theft might seem relevant, it is not a recognized legal term in many jurisdictions; instead, it would be classified under theft or burglary statutes. Simple theft, while applicable for taking someone else's belongings, does not adequately address the unlawful entry aspect of the crime. While trespassing involves the unauthorized entry onto someone else's property, it does not encompass the act of theft that occurred during this incident. Therefore, the facts clearly support that 2nd degree burglary is the most fitting charge in this situation, reflecting both the unlawful entry and the subsequent theft.