Crimes Against Habitation Flashcards
Burglary
Burglary is:
(1) the breaking;
(2) entering;
(3) of another’s dwelling;
(4) at night;
(5) with the intent to commit the felony or larceny.
Breaking:
Common law: requires some force
Modern: allows for enlargements of openings
Both: Enter by fraud, deception or threat qualifies for breaking
Entering:
placing any portion of the body in the structure
Dwelling of another:
Common law: Only homes
Modern: any structure
At night:
only for common law
With intent to commit a felony or larceny therein:
Breaking and entering must be accompanied by simultaneous felonious intent or intent to commit larceny (intent after breaking is insufficient).
Arson
Common law: Malicious burning of a dwelling of another
malice is by intent or extreme recklessness
at least some charring
Modern: can be almost any real property or personal property (even their own)