5. Property Crimes: Habitation Defenses

Question 1

Common law Burglary

Answer 1

Breaking and entering the dwelling of another at night with the intent to commit a felony inside.

Question 2

“Constructive” breaking:

Answer 2

Entry is gained through fraud, threats or intimidation.

Question 3

Third Degree Burglary in NY

Answer 3

1. Entering or remaining
2. in a building
3. unlawfully
4. with the intent to commit a crime inside (any crime, not just felonies).

Question 4

Second Degree Burglary in NY

Answer 4

Third degree burglary, plus one of the following:

(1) The building is a dwelling, or
(2) A non-participant is injured, or
(3) The defendant carries a weapon.

Question 5

First Degree Burglary in NY

Answer 5

The defendant knows that he is burglarizing a dwelling, plus one of the following:

(1) A non-participant is injured, or
(2) The defendant carries a weapon.

Question 6

Common law arson and required state of mind

Answer 6

The malicious burning of a building.

State of Mind: Malice

Question 7

NY Fourth Degree Arson

Answer 7

The reckless burning of a building

Question 8

NY Third Degree Arson

Answer 8

The intentional burning of a building

Question 9

NY Second Degree Arson

Answer 9

Third degree arson, when the defendant knows or should have known that someone was inside the building.

Question 10

NY First Degree Arson

Answer 10

Second degree arson, plus an explosive or incendiary device.