Y'all can what if this one to death.

Simple fact of the matter is that the prosecutor / police have to determine the actor's state of mind when the act occurred to determine mental culpability for the act. There are very few crimes where there is strict liability (just having done the act constitutes the crime.) Burglary isn't one of them... burg requires an act or ommission & a mental state (ie. intentionally entering and remaining unlawfully therein with the intent to commit a crime).

M