Burglary PC 459 Flashcards
What is burglary?
Enters a building with intent to commit larceny or any felony.
What is enters?
Entry is made when any part of the body of the intruder is inside the premises or when an entry is made by an instrument, where the instrument is inserted for the purpose of committing the target crime.
What is building?
Structure means any building, affixed to the ground and either cannot be moved at all or cannot be moved at all or cannot be moved without first being dismantled and detached from the ground.
What is your own home?
May be convicted of burglarizing own home where you lack the unconditional right to enter or when the right to access to the property has been withdrawn. (including circumstances where the occupants of the family home were estranged, there had been prior threats to safety of the victim and there had been incidents of spousal abuse.
What is intent to commit larceny or any felony?
The defendant must intend to commit the theft or felony at the time of entry. Not simple assault or simple battery.
What is intent to commit larceny or any felony?
The defendant must intend to commit the theft or felony at the time of entry. Not simple assault or simple battery.
