habitation offenses

Question 1

Offenses against habitation

Answer 1

burglary, arson

Question 2

burglary

Answer 2

Breaking and entering of a dwelling of another at night with the intent to commit a felony therein.
Breaking can be actual or constructive (breaking by fraud or threat).
Entering occurs when any part of the body crosses into the house.
Dwelling of another cannot be a barn or commercial structure.
At night - common law requirement
Intent to commit the felony must exist at the time of the breaking and entering or it is not common law burglary.

Question 3

arson

Answer 3

1) The malicious 2) burning 3) of the dwelling 4) of another.
No specific intent is required. Acting with reckless indifference of an obvious risk that the structure would burn will suffice for arson culpability.