Offenses Against Habitation Flashcards
1
Q
Burglary
A
Modern Statutes
modern statutes often eliminate technicalities of CL
Apply unless otherwise instructed
- (1) Entering
- (2) Structure
- (3) of Another
- (4) Intent to Commit a Crime in the Structure
- Misdemeanor Theft or Felony
- Intent present at time of entering
(1) Entering
- D entered the structure, even if he didn’t break to gain entry
- placing any portion of the body or the instrument used for breaking inside the structure
- Remaining in a Structure
- many jxds enough to — remain concealed in a structure with the intent to commit an offense
(2) Structure
- Often extended to any structure — not just dwelling house
- often expanded beyond dwellings and sometimes beyond structures to include yards and cars
- doesn’t need to be at nightime
(3) of Another
- Structure must be used by someone other than D
- Occupancy
- ownership is irrelevant — occupancy by someone other than D is all that is required
- an owner can commit burglary of his own structure if it is rented and occupied by another
(4) Intent to Commit a Crime in the Structure
- Misdemeanor Theft is often enough
- won’t require felony
- Intent to commit a crime within — must be present at the Time of Entry
- a later acquired intent is not sufficient
- The Crime Doesn’t be Carried Out / Completed to constitute burglary
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CL
Breaking and entering into the dwelling house of another at nighttime with the intent to commit a felony therein
(1) Breaking
- Actual — opening or enlarging an opening (e.g., opening an unlocked door)
- Constructive — entry by threat, force, fraud, or duress (can be minimal)
- Consent = Not Breaking
- if D had the resident’s consent to enter, the entry is not a breaking
- *(2) and Entering
(3) Dwelling House** - a structure used with regularity for sleeping purposes
- even if used for other purposes such as conducting a business
- *(4) of Another
(5) at Nighttime
(6) with the Intent to Commit a Felony Therein**
2
Q
Arson
A
Malicious burning of the dwelling house of another
(1) Malicious
- (a) intentional, or
- (b) reckless disregard of an obvious risk
- extreme recklessness
- insufficient if the burning was accidental, even if D was negligent
- extreme recklessness
(2) Burning
- Requires some Damage to the STRUCTURE caused by Fire
- Sufficient — Must be charring or something more
- Insufficient — Discoloration, blackening, (caused by heat or smoke) or other lesser damage
- Damage from smoke, water, or explosions
- Insufficient at CL
- Most jxds have expanded to include damage caused by explosion
(3) Dwelling House
- Most jxds have expanded to include commercial structures, cars, trains, etc.
(4) of Another
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Houseburning
(misdemeanor)
- (1) Malicious
- (2) Burning
- (3) of One’s Own Dwelling
- (4) if the structure is
- (a) situated either in a city or town, or
- (b) close enough to other houses as to create a danger to them
3
Q
House Burning
A
(misdemeanor)
- (1) Malicious
- (2) Burning
- (3) of One’s Own Dwelling
- (4) if the structure is
- (a) situated either in a city or town, or
- (b) close enough to other houses as to create a danger to them
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Arson
Malicious burning of the dwelling house of another
(1) Malicious
- (a) intentional, or
- (b) reckless disregard of an obvious risk
- extreme recklessness
- insufficient if the burning was accidental, even if D was negligent
- extreme recklessness
(2) Burning
- Requires some Damage to the STRUCTURE caused by Fire
- Sufficient — Must be charring or something more
- Insufficient — Discoloration, blackening, (caused by heat or smoke) or other lesser damage
- Damage from smoke, water, or explosions
- Insufficient at CL
- Most jxds have expanded to include damage caused by explosion
(3) Dwelling House
- Most jxds have expanded to include commercial structures, cars, trains, etc.
(4) of Another
