Offenses against habitation

Question 1

Burglary

Answer 1

• Breaking
• and entering (any portion of body)
• of a dwelling
• at night
• w/ specific intent to commit a felony therein (felony doesn’t have to be stealing, can be rape, sexual assault)

Question 2

Burglary: breaking: actual vs. constructive

Answer 2

actual: involving some force, however slight; not actual force: come uninvited through wide open door or window. BUT if push open interior door to bedroom or livingroom, breaking exists
constructive: breaking by fraud or theat

Question 3

Burglary: dwelling

Answer 3

can’t be barn or commercial structure

Question 4

Burglary: when must intent to commit felony therein exist?

Answer 4

at time of breaking and entering

Question 5

Arson

Answer 5

(intentionally burning) or

Maliciously (w/ reckless disregard of obvious high risk that harmful result would occur) burning of dwelling of another (usually also applies to structures other than dwellings)

Question 6

Arson: what damages is necessary?

Answer 6

burning, not smoke damage

scorching (blackening by smoke or discoloration by heat) insufficient, but charring is sufficient