Crimes Against Habitation

Question 1

Burglary

Answer 1

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).

Question 2

Arson

Answer 2

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)