Offenses Against Habitation Flashcards
What is burglary?
Breaking and entering of a dwelling of another at night with the intent to commit a felony therein
Requisite intent for burglary
Commit a felony inside
For burglary, breaking can be actual or _____.
Constructive
Is it considered a breaking if someone comes in through an open window or door?
No.
If someone comes in through an open front door, then opens an interior door, is that a breaking?
yes
What is a constructive breaking?
Breaking by fraud or threat
Entering occurs when what happens?
Any part of the body comes into the house.
When must the intent to commit a felony therein exist for burglary?
At the time of the B and E.
What is arson?
The malicious burning of the dwelling of another
What intent is required for malice?
Malicious
What is malice in the arson context?
Acting with a reckless indifference of an obvious risk that the structure would burn.
Arson does/doesn’t apply to smoke damage.
Doesn’t
For arson, _____ is insufficient, but ___ is.
Scorching
Charring
On the MBE, does arson apply to just dwellings or to other structures?
Other structures.
At CL, could you be guilty of committing arson against yourself?
No
