Can a person be charged with breaking and entering if they have a key?

A person can indeed be charged with breaking and entering if they use a key to commit a crime. In legal terms, breaking and entering typically involves entering a structure without permission with the intent to commit an unlawful act. Even if a person possesses a key, this does not automatically give them the right to enter if their intention is to commit a crime upon entry.

For example, if an individual has a key to an apartment but uses it to steal or vandalize, they can be prosecuted for breaking and entering because their intent at the time of entry was not lawful. The critical factor is the intention behind the entry, rather than the mere possession of a means (like a key) to enter the property.

Other options might suggest that having a key grants full access or that entry is only relevant under specific conditions, but those scenarios fail to consider that intent plays a significant role in whether the act constitutes breaking and entering. Thus, possession of a key does not provide immunity from charges if criminal intent is involved.