Burglary Flashcards
1
Q
Common law burglary
A
- the breaking;
- and entering;
- of the dwelling house;
- of another;
- in the nighttime; and
- with the intent to commit a felony therein.
2
Q
Breaking
A
Common law: Some use of force is required to create an opening
Moder statutes: eliminate this requirement
3
Q
Constructive Breaking
A
∆ gains entry by:
- fraud
- deception, or
- threat of froce
4
Q
Entry
A
Is achieved by placing any portion of the body inside the structure
5
Q
When did the breaking and entry have to current at common law?
A
At night, between sunset and sunrise
6
Q
Common law dwelling?
A
The home
7
Q
Modern dwelling?
A
Any structure, regardless of whether it is a dwelling
8
Q
What is the required intent for burglary?
A
Felonious intent BEFORE breaking and entering
Intent formed after entry is insufficient
