Habitation Offenses

Question 1

Burglary

Answer 1

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

Question 2

Burglary-breaking

Answer 2

any use of physical force to gain entry NOT exit.

Question 3

Constructive breaking

Answer 3

entry gained by fraud or threat sufficient.

Question 4

Entering

Answer 4

When any portion of the actor’s body (or instrument used by the actor) crosses into the dwelling without permission through the opening created by the breaking.

Question 5

Dwelling

Answer 5

structure regularly occupied for habitation purposes such as sleeping, eating, living.
-> includes attachments (den, basement, garage)

Question 6

Dwelling of another

Answer 6

must be the dwelling of someone other than the actor.

Question 7

Nighttime

Answer 7

period of darkness between sunset and sunrise.

Question 8

With the intent to commit a felony therein

Answer 8

specific intent(intent must exist at the time or entry, if formed AFTER there can be no burglary) to commit a common law felony:
- homicide(murder, manslaughter)
- robbery
- rape/sodomy
- larceny
- arson
- mayhem

Question 9

Arson

Answer 9

Malicious burning of the dwelling of another
-> damage must be caused by fire- an explosion
-> destruction of significant damage is not necessary BUT must be more than scorching, should have charring.

Question 10

Scorching(insufficient)

Answer 10

Smoke discoloration to dwelling

Question 11

Charring(sufficient)

Answer 11

damage to wood or combustible material or the dwelling

Question 12

Mens Rea, Malice - Arson

Answer 12

Intent that the structure will burn or with reckless disregard of an obvious risk that the structure will burn.
-Accidental burnings, even with negligence, are insufficient.