What is the legal term for when someone unlawfully stays in a dwelling with the intent to commit a theft or felony?

The legal term that refers to unlawfully remaining in a dwelling with the intent to commit a theft or felony is known as residential burglary. This crime is distinguished by the specific intentions behind the unlawful entry or presence within the residential premises. For an act to be classified as residential burglary, the individual must enter or remain in a home without permission, coupled with the premeditated intention to commit a theft or a felony once inside. This intent makes residential burglary a more severe offense than simple trespassing, which does not typically involve the intention to commit a crime beyond mere unauthorized presence.

While breaking and entering and home invasion involve illegal entry into a structure, they do not fully encapsulate the specific intent to commit a theft or felony as residential burglary does. Breaking and entering can refer generally to the act of entering any building unlawfully, and home invasion refers specifically to illegally entering a home while intending to commit a violent crime against occupants. Thus, residential burglary is the most precise term for the unlawful presence in a dwelling with the intent to commit a crime therein.