Offenses Against Habitation

Question 1

Offenses Against Habitation

Answer 1

Arson, Buglary

Question 2

Arson

Answer 2

Malicious burning of the dwelling place of another.

No specific intent required ONLY reckless disregard

charring or burning of material

At common law, required to be a dwelling only.

Question 3

Burglary

Answer 3

The breaking and entering of a dwelling house of another at night with intent to commit a felony therein.

Actual or Constructive Breaking will suffice.

Question 4

Determining Dwelling House of Another

Answer 4

Occupancy is the deciding factor

Question 5

Actual Breaking

Answer 5

Coming uninvited through a wide open door or window = not actual breaking.

But if pushes door open in interior = actual breaking.

Question 6

Constructive Breaking

Answer 6

Entering in through fraud or threat.