(4) Criminal Law: Property Crimes

Question 1

Arson

Answer 1

Arson is the (1) malicious; (2) burning; (3) of the dwelling; (4) of another.

Question 2

What is malice?

Arson

Answer 2

Malice is when the D has reckless disregard that creates a substantial risk of such burning.

Question 3

Is smoke damage sufficient to satisfy the “burning” element needed for arson?

Answer 3

NO

Question 4

Burglary

Answer 4

Burglary is (1) the breaking and entering; (2) of a dwelling; (3) of another; (4) at night; (5) for the purpose of committing a felony inside

Most jurisdictions have extended burglary to include any structure at any time.