Criminal law: Offense against property & other offense Flashcards
Burglary: definition
A breaking and entry of the dwelling of another (based on possession, not ownership) at night with the intent to commit a felony (including larceny) therein
Burglary: Breaking
breaking includes any opening or enlarging of locked or unlocked exterior or interior doors (e.g., bedroom, closet, wall safe) or windows and it includes the unauthorized use of keys (e.g., use of landlord’s master keys to enter apartment)
breaking may also occur constructively by force, threats of force, fraud, or entry through a chimney
the breaking must be part of the dwelling; a breaking of personal property, such as a portable safe or trunk, is not sufficient
Burglary: entry
entry occurs if any part of the body breaks the plane of the structure or an instrument used to commit the felony (as opposed to an instrument used to break in) breaks the plane of the structure
Burglary is a specific intent crime; the defendant must have the intent to commit a felony inside (but the felony need not be completed)
The accused must have the intent to commit a felony in the dwelling at the time of the breaking
If the accused enters a dwelling with the intent to commit a felony therein and actually does commit a felony, the accused is guilty of burglary and the felony; burglary and the underlying felony do not merge
Arson
Definition: Burning the dwelling of another (based on possession, not ownership) with malice
starting a fire accidentally but recklessly letting it burn may satisfy the mental state
arson requires a fire
• a non-fire explosion, scorching, water damage, or smoke damage is not enough
arson requires “charring;” the charring must be to the fibers of the dwelling itself (i.e., wood walls or floor) and not to personal property (e.g., furniture) in the dwelling
House Burning
Definition: The burning of one’s own dwelling with malice.
The structure must either be in a city or town, or so near to other homes as to create a danger to these structures.
Perjury
Definition: Willful and corrupt taking of a false oath in a judicial proceeding
Perjury is a specific intent crime
A statement that is alleged to be perjured must be material (i.e., it might affect some phase of the judicial proceeding) and it is not considered perjury if the witness recants before the end of trial
One who intentionally causes another to commit perjury is guilty of subornation of perjury.
Bribery
Definition: Corrupt payment or receipt of anything of value in return for official action
Both offering a bribe or taking a bribe is a crime under modern law
Bribery is a specific intent crime and is a Wharton Rule crime
