Offenses Against Habitation

Question 1

Burglary

Answer 1

1-rule-breaking and entering of a dwelling of another at night with the intent to commit a felony therein
2-notes for MBE:
a. breaking–can be actual or constructive
b.entering–occurs when any part of the body crosses into the house
c. dwelling house of another–cannot be a barn or commercial structure
d. at night–common law had to be at night
e. w/ the intent to commit a felony therein–the intent to commit a felony must exist at the time of breaking and entering or it is NOT common law burglary

Question 2

Arson

Answer 2

1-rule-the malicious burning of the dwelling of another
2-as for the malice requirement, no specific intent is required–acting w/ a reckless indifference of an obvious risk that the structure would burn will suffice for arson culpability
3-Notes for MBE:
a. only applies to burning–not to smoke damage–scorching is insufficient, but charring is sufficient
b. at common law, the building burned had to be a dwelling; could not be a barn or building
c. NOTE-questions on multistate exam that are testing on other arson issues will often assume without saying that the jurisdiction’s arson law applies to structures other than dwellings
d. at common law, the burning had to be a house of another–one could not be guilty of burning his own house at common law