Crimes Against Habitation Flashcards
Burglary Definition
Breaking and entering of the structure of another with the intent to commit a felony or theft offense therein
Burglary in CL
- “Breaking”: Requires some force
- “Entering”: Breaking to exit is not burglary. Placing any portion of their body inside structure is enough. Entry by fraud, deception, or threat is adequate
- “Structure of Another”: Had to be a home where people lived, whether occupied or not, and included structures on the curtilage, such as storage sheds
- “With intent to Commit Felony or Theft Offense Therein”: Breaking and entering must be accompanied by simultaneous felonious or theft intent (felony intent arising after breaking is insufficient)
- *remember, at common law, burglary had an additional element requiring that the crime be committed “in the nighttime”
i) However, modern statutes have largely eliminated this element
Burglary “Breaking” in Modern Law
-“Breaking”: Relaxed to include any slight enlargement of an opening
- “Entering”: Breaking to exit is not burglary. Placing any portion of their body inside structure is enough
(1) Modern Law: Inserting a tool used for taking is sufficient - “Structure of Another”: Almost any structure is enough, whether or not it is a “dwelling”
- “With the intent to commit a felony or theft offense therein”: Breaking and entering must be accompanied by simultaneous felonious or theft intent (felony intent arising after breaking is insufficient)
Arson: CL
Malicious burning of a dwelling of another.
Requires some portion of the structure was damaged as the result of burning. (mere blackening of the surface is not enough; there must be some charring of the premises
Malice established by intent or result of extreme recklessness.
Exam tip!
-burglary
Watch for statutes that have deleted the “breaking” element altogether
Arson: Modern Majority
a) Malicious burning of property
b) Malice established by intent or result of extreme recklessness
c) Modern Law: No requirement of dwelling of another
