Crimes Against the Habitation

Question 1

What is burglary?

Answer 1

This is specific intent.

At modern law, it consists of:
1. the breaking;

Use of slight force to create an opening.

This includes gaining entry by fraud, deception, or threat of force.

2. and entering;

It is achieved by placing any portion of the body into the structure.

3. of the structure;

Modernly, this element is very broad.

4. of another;
5. with the intent to commit a felony or theft offense.

Burglary is complete upon entrance with intent.

At common law, burglary was the breaking and entering of the dwelling house of another at nighttime with the intent to commit a felony.

Question 2

What is arson?

Answer 2

This is specific intent.

At common law, arson was a malicious burning or exploding of the dwelling of another.

Under modern law, it consists of:
1. the malicious;

That is, intention or recklessness

2. burning;

Proof that some portion of the structure was damaged as the result of the burning. Mere blackening is not enough. Charring will do.

3. of property.

This includes any structure of another.