Burglary Flashcards
What is common law burglary?
Common law burglary is the breaking and entering of the dwelling house of another in the nighttime with the intent to commit a felony.
What does MPC 221.1(1) define as burglary?
The entering of a building or occupied structure or separately occupied portion thereof, with the purpose to commit a crime therein.
What is the requirement for breaking in common law burglary?
The common-law breaking requirement required the defendant to create the opening in the premises through which the defendant entered.
What constitutes entering in the context of burglary?
Burglary occurs only if the entry into the premises is trespassory, that is, without invitation of the owner.
What happens if authority is granted to enter certain portions of a building?
Entering other portions is considered trespassory.
Is entry obtained by trick considered trespassory?
Yes, entry obtained by trick is considered trespassory.
How can entry occur?
Entry may occur by the defendant’s body or an instrument.
What is sufficient for entry in most jurisdictions?
Insertion of an instrument into the premises is sufficient whether the instrument is being used to commit the target felony or solely to gain entry.
What is the requirement for insertion of an instrument in common law jurisdictions?
In common law jurisdiction, insertion of an instrument into the premises is sufficient only if the instrument is being used to commit the target felony, not solely to gain entry.
What is defined as a dwelling?
A dwelling is a place that is designed to have people spend the night.
How does the MPC define a ‘building or occupied structure’?
A ‘building or occupied structure’ is one used as a dwelling or as a place for doing business. Does not necessarily have to be occupied at the time of entry.
What is the requisite mental state for burglary?
The defendant has the requisite mental state for burglary only if the defendant enters while already having the purpose to commit the felony (common law) or crime (MPC).
