Crimes Against Habitation

Question 1

Burglary (elements)

Answer 1

Breaking and entering of the structure of another with the intent to commit a felony or theft offense therein.

Question 2

Arson (elements)

Answer 2

1. ) malicious burning of property
2. ) malice established by intent or result of extreme recklessness
3. ) modern law: no requirement of dwelling of another

Question 3

Breaking (test)

Answer 3

majority: any slight enlargement of an opening, force not required

(common law): requires some force

• entry by fraud, deception, or threat is adequate in both modern & common law.
• breaking to exit is not burglary

Question 4

Entering (test)

Answer 4

(majority) :
* placing any portion of their body inside the structure is enough
* inserting a tool used for taking is sufficient

Question 5

Structure of Another (test)

Answer 5

1. ) (majority) almost any structure is enough, doesn’t need to be a dwelling
2. ) (common law): dwelling & curtilage only.

Question 6

“with intent to commit felony or theft therein” (test)

Answer 6

4.) Must be a simultaneous felonious or theft intent, felony intent arising after breaking is insufficient.