Crimes Against Habitation Flashcards

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1
Q

Burglary

A

(1) the breaking (use of any force, however slight to gain entry without consent) and
(2) entering
(3) of the dwelling
(4) of another
(5) in the nighttime
(6) with the intent to commit a felony therein. The felony need never be committed.

In CA, the breaking and nighttime elements have been eliminated and dwelling has been replaced by just about any structure.

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2
Q

Arson

A

The malicious burning of the dwelling of another. The required damage by burning must be by fire.

Most states extend the term dwelling to all other structures.

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