Burglary and B&E Flashcards
The severity of B&E offenses depend on what three factors
Nature of the place entered
Purpose of entry
Time of the offense
The five elements of burglary and B&E
Breaking
Entry
Property of another
Intent
Time
An entry occurs if any part of the suspects ______ physically enters the interior space of a building or vehicle
Body
If an instrument crosses the threshold and is only used to accomplish the break, is there an entry?
Strongest charge is attempted B&E
Does an entry occur if an instrument which is used to commit the intended felony physically enters the interior of the building or vehicle
Yes
Most of the time officers rely on ________ evidence to prove their cases of B&E
Circumstantial
Is an unoccupied apartment considered a dwelling when tenants have the right to move in even if they have not done so
Yes
Are outhouses and Barns considered part of the dwelling
Yes
Can a structure without a roof still be a building?
Yes
Aside from dwellings what does the B&E statue also protect? (3)
Buildings
Vehicles
Vessels
What are the elements of aggravated burglary? (5)
B&E (with intent to commit felony, or commits felony then breaks into)
Dwelling
Night
Occupied
Weapon or assault
For aggravated burglary, does the suspects need to be armed before entering the house?
No, he can arm himself while inside the dwelling
Chapter and section for aggravated burglary
266/14
What are the elements for burglary? (4)
B&E intent to commit felony
Dwelling
Night
Not armed with dangerous weapon and does not assault occupant
Chapter and section for burglary
266/15
What are the three differences between burglary and aggravated burglary?
Aggravated
Occupant inside (even if they arrived while suspect was already inside)
Possession of Weapon (doesn’t matter if suspect used it or not)
Simple assault (if not with a weapon)
How many aggravated burglary charges if there’s an assault on multiple occupants?
1
How many charges for multiple attempts on the same dwelling?
Multiple attempted burglary charges
How many charges for multiple breaks into a dwelling during the same episode?
1
Home invasion elements (4)
Enter
Aware of occupants
Armed with dangerous weapon
Threatened occupants (used force or threatened the imminent use of force on any person/or intentionally caused injury to person)
Chapter and section for home invasion
265/18C
Unlike burglary home invasion does not require a break, night entry or felonious intent. These elements are unnecessary because a home invasion _______ or ______ occupants
Injures or scares
Home invasion offender must be armed ____ entry
Before
Can duct tape be considered a weapon for home invasion?
Yes
Does offender enter with consent if the occupant was aware he was armed, but unaware he intended to commit a crime
No
Does an accomplice to home invasion have to know the principal had a weapon
Yes
Does the occupant have to be afraid during a home invasion?
No but must be threatened
Is forcibly entering a victims home and telling her to stay quiet sufficient for a threat during home invasion
Yes
Do the occupants have to be lawfully present to be victims of home invasion?
No
The defendant entered a home to assault the residents. A neighbor came over to investigate, and the defendant stabbed him. Can he be charged with home invasion against the neighbor?
Yes
How many counts of home invasion can be charged for occupants?
Charge for every occupants
Chapter section for armed assault in a dwelling
265/18A
Can armed assault in a dwelling be completed in a hallway of a multi unit apartment building that is normally accessible only to residents and building staff
Yes
What is the main factor to remember when charging armed assault in a dwelling?
The offender intended to commit a separate felony aside from the assault
Is having a weapon during consensual entry enough for armed assault in a dwelling?
Not unless the suspect entered with the intent to attack someone
Chapter and section for B&E with intent to commit felony or breaking depository
266/16
Elements of B&E nighttime (3)
Breaks and enters building, ship, vessel or vehicle
Night
Intent to commit felony
Elements for the second type of B&E with intent to commit felony for breaking depository
Suspect attempts or succeeds in breaking burning, blowing up or otherwise injuring:
A depository of money or other valuables
With intent to commit a larceny or felony
What is the correct charge for attempting to break into a depository?
266/16 B&E with intent to commit felony or breaking depository
Burglary may also be charged under _____ because a home is obviously a building
266/16 (B&E with intent to commit felony) because
If theft occurs, can you charge both B&E and larceny from the building?
Yes they don’t duplicate eachother
What is the preferred charge for attempted or actual vehicle break?
Type two of 266/16/B breaking a depository
Type two of 266/16/B breaking a depository requires only an _____ break, day or night, with intent to commit _______
Attempted break
Any larceny
Can a vehicle be considered a depository?
Yes
Chapter section for B&E with intent to commit misdemeanor
266/16A
Elements of B&E with intent to commit misdemeanor
(Entry)
(Time of day)
(Place entered)
(Intention)
Breaks and enters
Day or night
Building, ship, vessel, vehicle
Intent to commit misdemeanor
Right of arrest for 266/16A B&E with intent to commit misdemeanor
Arrest for breach of peace in presence otherwise complaint
Does the law assume that anyone who breaks into a building during the day or night intends to steal, which is automatically a felony for a larceny from the building?
Yes
Chapter 266/19 and 266/20A are for:
B&E railroad car, truck, tractor trailer, freight container
Right of arrest for B&E railroad car, truck, tractor trailer or freight container
Felony
266/17 is entering building/MV without break at _____; aggravated B&E ______
Night
Daytime
Elements for entering building/MV without break at night; aggravated B&E daytime
(Entry)
(Time of day)
(Place entered)
(Intention)
(Additional factor)
Enters with break at night or enters with break during day
Building, vehicle, ship, vessel
Intent to commit felony
Owner/lawful occupant is put in fear
Right of arrest for enter building/MV without break at night; aggravated B&E daytime
Felony
Chapter and section for entering dwelling without break at night; B&E daytime
266/18 felony
Elements for 266/18 entering dwelling without break at night; B&E daytime
(Entry)
Place
Intent
Fear
Enters dwelling at night with no break, or breaks and enters dwelling during day
Building, vessel, ship, vehicle
Intent to commit felony
No person put in fear
Charge for suspect breaking into dwelling during the day, but no one was present
266/18 enter dwelling with break at night; B&E daytime
Felony
Defendant enters a woman’s house when he knows she is not going to be home. The woman’s roommate heard footsteps and was scared. The defendant retreated when he realized the roommate was home. What is the proper charge?
266/17
Enter building/mv without break at night; aggravated B&E daytime
B&E nighttime and B&E daytime are lesser included defenses to:
Burglary
B&E daytime is also a lesser included offense of
B&E nighttime
The related offense of 266/18A is for
Daytime entry by false pretense
Daytime entry by false pretense includes entering a dwelling (break not required), during day, by false pretense, with intent to:
Intent to commit felony, or with actual result of larceny inside
What law was enacted due to the problem of con artists who pretend to be city home repair contractors, city inspectors, or disabled motorists in order to enter homes and steal while inside
266/18A
Daytime entry by false pretense
What is the crime for an offender who enters during the daytime with either an intent to commit a felony or misdemeanor?
Gap in law- no crime (unless using false pretense)
The best available option to charge for an offender who walks through an open door of somebody’s house during the day to look around and decide whether to steal something
Trespass
Chapter and section for attempted burglary, home invasion or b&e
274/6
Elements for attempted burglary, home invasion or b&e
Intent
Action
Additional factor
Specific intent to commit burglary, home invasion, or other B&E offense
Took some overt act
Failed-didn’t complete crime for failed effort or was interrupted
Right of arrest for 274/6 attempted burglary home invasion or b&e
Depends on penalty for underlying offense
If attempt involved felony punishable by atleast 5yrs in state prison-felony
If attempt in involves felony punishable by less than 5 years, or any misdemeanor-complaint
Chapter and section for possession of burglarious tools
266/49
Elements for possession of burglarious tools
Possession of:
Tool for:
Designed to:
Place:
Intent:
Made/knowingly possessed
Tool, machine, or MV master key
Designed to cut through or break open
Building, room, vault, mv, depository
Intent to commit crime
Right of arrest for 266/49 possession of burglarious tool
Felony
Can more than one offender possess the same burglarious tool
Yes
Does joint flight from burglary support an inference that defendants jointly possessed a tire iron even though only one of them actually carried it
Yes
Can every day item such as screwdrivers, chisels, or kitchen knives, be considered burglarious tools
Yes
Can a vehicle trunk be considered a depository?
Yes
Can an expert/officer testimony be proof of burglarious intent for tools
Yes
Right of arrest possession of a tool to disable a theft detection device 266/30B
Felony
