Crimes Against the Dwelling

Question 1

Burglary

Answer 1

Breaking and entering into the dwelling house of another at nighttime with the intent to commit a felony therein.

Question 2

Burglary Elements

Answer 2

1. Breaking
2. Entering
3. Of another
4. At nighttime
5. With the intent to commit a felony therein

Question 3

Burglary

Breaking

Answer 3

Can be actual or constructive

• Actual– open or enlarging
  
  • E.g. opening an unlocked door
• Constructive – entry by threat, force, fraud, or druss.
• Entering with consent or through a wide open door is not a breaking

Question 4

Burglary

Entering

Answer 4

Placing any portion of the body or the instrument used for the breaking inside the dwelling

Question 5

Burglary

Of another

Answer 5

Ownership is irrelevant; occupancy will suffice

Question 6

Burglary

At nighttime

Answer 6

Common law requirement

• Not a required element under modern statutes

Question 7

Burglary

With the intent to commit a felony therein

Answer 7

• Modern statutes include misdemeanors
• Felony need not be completed; D must merely intend to commit a crime at the time of the breaking and entering
• Intent acquired after entering is insufficient

Question 8

Arson

Answer 8

The malicious burning of the dwelling house of another

Question 9

Arson Element

Answer 9

1. Malicious
   
   1. With intent or extreme recklessness
2. Burning
   
   1. Requires some damage to structure caused by fire.
   2. Damage from smoke, water, or explosions is not sufficent at common law.
3. Dwelling house
   
   1. Strucuture where someone lives
   2. Common law requirment
4. Of another
   
   1. At common law, there can be no arson if you own the dwelling but do not reside there

Question 10

Arson

Damages Required

Answer 10

Must be charring or something more

• Discoloration, blackening, or other lesser damage is insufficient.

Question 11

Arson – On MBE it can be a non-resident structure

T/F

Answer 11

True