Actually, I am pretty sure that what she did would be considered a burglary in any state. Burglary is a felony everywhere and punishable by at least a year in prison. Burglary is the trespassory entering into another's building with the intent to commit a felony or a larceny once inside.
Just because she had a key doesn't mean she is off the hook for entering. She didn't have your permission to enter the house for any purpose in the middle of the night (that makes it even worse...if you were one of those types who kept a loaded gun, she might have been shot). And even if she did have your permission to enter, she didn't have your permission to enter to commit larceny.
Yep, it's larceny, the unconsented taking and carrying away of the personal property of another with the intent to steal it. Did she take it ? yes, did she carry it away? yes, did she intend to permanently deprive you of it? It sounds like it.
Burglary is a very serious crime, and one that your local police department will be most interested in hearing about it. If she did this to you, who knows who else she did it to or will do it to in the future if she isn't stopped.
And most of all it is very creepy. The reason burglaries are considered dangerous felonies is that it is extremely dangerous for people to be breaking into other people's homes in the middle of the night to steal stuff.
And as for her character, people who have good character do not steal other people's jam (I got stung with the nettles this summer on my berry picking expedition too this summer-I know exactly how you feel.),
Good character is something people have all the time, not only just the times they are not committing felonies in the homes of people who entrusted them with access. It's all or nothing with character, it's either good or it isn't.
And her guilty conscience confession does not absolve her of her guilt. She had the criminal mind set and she committed the act.
Please e-mail me privately, I can replace the homemade jam, and I'm already in California.
Shoshana