Burglary Flashcards
1
Q
BURGLARY
A
Common law burglary consists of:
* A breaking (creating or enlarging an opening by at least minimal
force, fraud, or intimidation; if defendant had the resident’s consent
to enter, the entry is not a breaking)
* And entry (placing any portion of the body or any instrument used
to commit the crime into the structure)
* Of a dwelling (a structure used with regularity for sleeping purposes,
even if used for other purposes such as conducting a
business)
* Of another (ownership is irrelevant; occupancy by someone other
than the defendant is all that is required)
* At nighttime
* With the intent to commit a felony in the structure (felony need
not be carried out to constitute burglary)
2
Q
Breaking
A
3
Q
Entering
A
4
Q
Into a dwelling
A
5
Q
Intent to commit a felony therein
A
