Crimes against habitation

Question 1

Burglary

Answer 1

Breaking and entering,
of the dwelling of another,
at night,
w intent to commit felony or larceny once inside.

At common law, requires force - modern now includes any enlargement of an opening, or fraud/deception/threat. Breaking to EXIT is not sufficient
Entry includes any part of the body or a tool for taking something - NOT entry tool
Dwelling meant house at common law, modern means almost any structure
Modern majority usually dispenses with “at night”.

NO continuing trespass doctrine - must intend felony/larceny AT TIME OF ENTRY

Question 2

Arson

Answer 2

Common law: malicious burning of a dwelling of another

Modern majority: no requirement that property is “dwelling of another” - most buildings, vessels, or personal property. Also your own, if w malice

Malice: intent or extreme recklessness