This is not how it works. Even a cursory glance at the law makes it clear that this is not how it works.

Here is New York: https://www.nysenate.gov/legislation/laws/PEN/140.20

A person is guilty of burglary in the third degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein.

You need to prove intending to commit a crime.