Speaking for US law- the officer probably doesn’t know the difference. Police are notoriously ignorant of the law. Many police training programs and police requirements have little or no requirement for legal knowledge. Police arrest you on suspicion of a crime, not a crime.
Police are not lawyers and most police lack the legal training or knowledge of a paralegal or skilled legal secretary. In most of the US there are less hours of training required to become and remain a police officer than to be s beautician or barber. So you are correct that most likely the officer wouldn’t be very skilled in distinguishing the correct charge- they simply arrest because they think something is illegal, gather evidence, and the prosecutors office reviews the details of a case and determines the charges they wish to pursue in court after the fact- or if you are determined to have not committed a crime you are simply released and left to deal with the paperwork and repercussions.
That said, based on the details this meme implies, “burglary” is a very likely and applicable charge, and regardless an arrest would be justifiable in general.
“Burglary” does not mean theft. Trespass is entering a controlled area without authorization- like someone’s lawn. Breaking and entering is a charge that generally applies when one uses force to enter a controlled area- generally a building, without authorization. Picking a lock, cutting a fence- but even slight force such as unlatching a window or possibly opening a gate could warrant the charge. Burglary is any time one enters a building, occupied structure, or attached secured structure or area with intent to commit a crime.
Burglary does NOT require an element of authorization or force.
In simple terms, if you walk into a place that has automatic sliding doors that open for you and allow entry, and the occupant welcomes you in, you can still commit burglary. You don’t need to sneak or break in and can even be invited in. You do need to enter WITH the intent to commit a crime. That crime does not have to be theft. So if you decide to steal your friends Xbox AFTER entering their house that is not strictly burglary. You needed to decide you were going to steal it BEFORE entering. If you decide you will vandalize an exes house and then enter through an unlocked door- that can be burglary as you have decided to commit a crime before entry.
So the charge of burglary in a “trolling” case depends on what you planned to do. If what you were planning to do was not legal- then burglary can apply. Many broad categories of crime can apply to all sorts of seemingly legal acts. Criminal mischief can generally be applied to any alteration, destruction, or defacement of property- which are common elements of many pranks. There are also multiple degrees of assault charge- assault does not require physical contact per se. For example spitting on a person can be assault. When we start talking about bodily fluids and contact including transfer contact- putting your bodily fluids etc. in places one might expect another to contact- putting someone’s toothbrush up your butt etc. there are multiple possible crimes including quite a few sexual offenses that can be applied.
Since many of these acts can be inherently criminal- something like entering a home with the intention of replacing someone’s toothpaste with snot could get multiple charges, including burglary as you entered with intent to commit a crime wether in your mind the action was criminal or wether you were aware it was criminal or not. Pranks done in a public space may constitute any number of crimes based on the specifics of the prank as discussed above, and may also qualify for charges like disorderly conduct if the action is considered disruptive or offensive or otherwise can be argued to impede others ability to enjoy a public space. It is possible but perhaps less common to commit burglary in a public space. It is also important to note two things on burglary:
1. Depending on local law certain crimes or thresholds must be reached and not just ANY crime qualifies a burglary charge even if all other factors are met. Ie: some places require the crime to be a felony, so a misdemeanor crime
does not warrant a burglary charge.
2. Most jurisdictions do not require you to commit a second crime to earn a burglary charge. It is enough to intend to commit the crime. Eg: you have written in your diary or on social and/or told friends you plan to sabotage the school during the upcoming game. On the day of the game you are found by police in the utilities with a bag full or items used for the type of sabotage you said you would do. You have no reasonable explanation other than sabotage as to why you are in the utility area and why you have those items or where doing that. You could possibly be charged with burglary even if you didn’t sabotage anything.
So I mean… burglary may or may not apply to an arrest while pranking or “trolling” and ultimately the arresting officer probably doesn’t know what exactly to call what you are doing but they suspect it to be illegal and can and may arrest you and then hold you and allow the prosecutor to decide based on evidence what crime they want to try and charge you with. Even if burglary doesn’t apply another charge likely may.
Police are not lawyers and most police lack the legal training or knowledge of a paralegal or skilled legal secretary. In most of the US there are less hours of training required to become and remain a police officer than to be s beautician or barber. So you are correct that most likely the officer wouldn’t be very skilled in distinguishing the correct charge- they simply arrest because they think something is illegal, gather evidence, and the prosecutors office reviews the details of a case and determines the charges they wish to pursue in court after the fact- or if you are determined to have not committed a crime you are simply released and left to deal with the paperwork and repercussions.
“Burglary” does not mean theft. Trespass is entering a controlled area without authorization- like someone’s lawn. Breaking and entering is a charge that generally applies when one uses force to enter a controlled area- generally a building, without authorization. Picking a lock, cutting a fence- but even slight force such as unlatching a window or possibly opening a gate could warrant the charge. Burglary is any time one enters a building, occupied structure, or attached secured structure or area with intent to commit a crime.
Burglary does NOT require an element of authorization or force.
1. Depending on local law certain crimes or thresholds must be reached and not just ANY crime qualifies a burglary charge even if all other factors are met. Ie: some places require the crime to be a felony, so a misdemeanor crime
2. Most jurisdictions do not require you to commit a second crime to earn a burglary charge. It is enough to intend to commit the crime. Eg: you have written in your diary or on social and/or told friends you plan to sabotage the school during the upcoming game. On the day of the game you are found by police in the utilities with a bag full or items used for the type of sabotage you said you would do. You have no reasonable explanation other than sabotage as to why you are in the utility area and why you have those items or where doing that. You could possibly be charged with burglary even if you didn’t sabotage anything.