Comment by Cthulhu_
6 years ago
They HAD intent - they intended to break into the building, brought the tools, etc. If the contract does not stipulate that they are allowed to break in then they're basically screwed.
"I didn't mean to break in" holds no ground in court if they actually were breaking in.
This isn't how the law works for intent. Google "mens rea", in particular, the "knowing" part. Under your definition, every locksmith is engaging in felony break and enter on a daily basis.
Criminal intent.