Crimes against Habitation

Question 1

What is the definition of burglary?

Answer 1

breaking and entering of the dwelling of another at night with intent to commit felony therein

Question 2

What are the elements of burglary?

Answer 2

1) breaking
2) entering
3) dwelling house of another
4) at night
5) with intent to commit felony therein

Question 3

Common law & Modern burglary distinctions

Answer 3

Breaking
CL: requires some force
M: relaxed to induce slight enlargement of opening
Entering:
CL: placing any portion of body inside structure
M: tool used for taking is sufficient
Dwelling house of another
CL: home where people lived, whether occupied or not and included structures on curtilage such as storage sheds
Modern: almost any structure regardless of dwelling
At night, modern generally dispenses with this requirement
Intent to commit felony within: b & e must be accompanied by simultaneous felonious intent

Question 4

What is the definition of arson?

Answer 4

malicious act that creates considerable risk of burning of dwelling of another

Question 5

Malice in arson can be established by:

Answer 5

intent or the result of extreme recklessness

Question 6

Modern distinction for arson

Answer 6

No requirement of dwelling of another