The old adage "if it sounds too good to be true, it probably is" was proven correct again when a man allowed a unknown woman to swim naked in his pool, and while the man was preoccupied with watching his visitor, the woman's male friend was burglarizing the house. Why a man would not suspect something was awry when a strange woman just wants to bare it all is a tad bit perplexing.
Despite the man's lack of savvy, or what some might simply call stupidity, he is still the "victim" here. While the man consented to the woman entering onto his property and removing her clothes, he did not consent to the thief entering his house. The thief clearly committed a Criminal Trespass, meaning he went onto or into property without permission. Since the man stole items from the house, he would also be charged with Theft By Unlawful Taking and Receiving Stolen Property.
Pennsylvania Burglary Charge
The most severe criminal charge that would be filed would be Burglary. In order to charge someone with a Pennsylvania Burglary charge, the police must have evidence that the person committed a criminal trespass with the intent to commit a crime. The actual charge is a little different from what most people expect. Many people believe that a Burglary charge must occur at night, involve breaking and entering a residence, and include the burglar's intent to steal or rob. A Burglary charge can actually occur at any time of day, does not require a breaking in order to enter, and only requires an intent from the burglar to commit any crime and not just a theft crime. For example, I have represented Penn State students that were charged with felony Burglary after entering an open dorm door to steal a laptop or other property.
A Burglary charge is a felony of the first degree and thereby has a maximum sentence of 20 years incarceration and a $25,000.00 fine. While the statutory maximum sentence is scary, it is more important to note that many people convicted of Burglary are scheduled to spend time in jail. Also, the collateral consequences associated with a conviction of a felony charge are much more severe. If the client is a Penn State student, it is highly likely that the Office of Student Conduct would seek to have the client removed from school. If the client was able to remain in school and graduate, the client may have difficulty being professionally licensed by any state licensing board. Any person that is charged with a criminal offense should talk to an experienced defense lawyer such as those at State College criminal defense firm JD Law for a free consultation and case evaluation.