Burglary

Question 1

Common law burglary

Answer 1

1) breaking
2) entering
3) the dwelling
4) of another
5) at night
6) with intent to commit a felony therein

Question 2

MPC burglary

Answer 2

a person has committed the crime of burglary if “he enters a building or occupied structure…wiht purpose to commit a crime therein, unless the premises are at the time open to the public or the actor is licensed or privileged to enter”
- time of day is irrelevant

Question 3

TN Aggravated burglary

Answer 3

burglary of habitation

Question 4

TN burglary

Answer 4

• no breaking requirement
• element of entering sometimes replaced with “remaining”
• concept of habitation is an aggravating factor
• no nighttime requirement