Which is NOT a condition to classify a violation as burglary?

The classification of burglary does not require the incident to occur during night hours. Burglary is primarily defined by the unlawful entry into a structure with the intent to commit a felony or theft inside. This means that the time of day is irrelevant; a burglary can be committed at any time, as long as there is evidence of unlawful entry and an intent to commit a crime.

In addition, the other conditions mentioned in the options are indeed requirements for classifying an incident as burglary. Evidence of unlawful entry is crucial because it establishes that the individual did not have permission to enter the property. The definition of the structure as having a roof, walls, and door is also important, as it delineates the physical boundaries of the space considered for burglary. Finally, the requirement that the entry be with the intent to commit a felony or theft underlines the motive behind the unlawful entry, further solidifying the act as burglary.