Crimes Against Dwelling

Question 1

What is burglary?

Answer 1

Breaking and entering into the dwelling house of another with the intent to commit a felony

Question 2

What are the 4 elements to burglary?

Answer 2

1. breaking (actual or constructive)
2. entering
3. of another
4. with the intent to commit a felony therein
   - -modern statutes include misdemeanors

Question 3

Does the felony need to be committed to commit burglary?

Answer 3

No. Just the intent to commit the crime at the time of the breaking and entering.

Question 4

What is arson?

Answer 4

The malicious burning of the dwelling house of another.

Question 5

What are the four elements of arson?

Answer 5

1. Malicious (intent or extreme recklessness)
2. burning - requires some damage to structure caused by fire.
3. dwelling house - NOTE for MBE it can be a non-residential house
4. of another

Question 6

What are the required damages for arson?

Answer 6

must be charring or something more; discoloration, blackening or other lesser damage is insufficient.