Offenses Against Habitation

Question 1

What is (Common Law) Burglary?

Answer 1

Trespassory breaking and entering the dwelling house of another in the nighttime with the intent to commit a felony therein

Question 2

Within Burglary, what constitutes Trespassory?

Answer 2

Without consent of occupant. This is implied within the breaking and entering.

Question 3

Within Burglary, what is the limitation on Trespassory?

Answer 3

If open to the public, may not be Trespassory

Question 4

Within Burglary, what are the three types of Breaking?

Answer 4

Actual - Moving aside any obstacle, however slight, will suffice

Constructive - Entry is accomplished by fraud or use of force

Interior door doctrine - If there is no initial obstacle but an interior door, that is part of the structure, is opened, this will satisfy the element

Question 5

Within Burglary, what are the two types of Entering?

Answer 5

Bodily - It is an entry if any part of of the body breaks the perimeter

Inanimate objects - It is an entry if the inanimate object is used to carry out the felonious intent

Question 6

Within Burglary, what constitutes a Dwelling House?

Answer 6

1) Must be used regularly for sleeping purposes 2) Includes other structures within the curtilage

Question 7

Within Burglary, how is “used regularly for sleeping” defined?

Answer 7

Can be very infrequent, even once per year

Question 8

Within Burglary, can a person burglarize their own Dwelling House?

Answer 8

No, must be the dwelling house of another

Question 9

Within Burglary, what constitutes In the Nighttime?

Answer 9

Either 1/2 or 1 hour after sunset and before sunrise

Question 10

Within Burglary, what Mens Rea is required for “Intent to Commit a Felony Therein”?

Answer 10

Specific Intent. Intent to commit a felony therein. Important: Concurrence here of Actus Reus and Mens Rea. Important: Remember the Interior Door Doctrine,

Question 11

What defenses are available to Common Law Burglary?

Answer 11

Reasonable and unreasonable mistake

Question 12

What is Statutory (or Modern) Burglary?

Answer 12

Entry into any structure with the intent to commit any crime therein

Question 13

Within Modern Burglary, what constitutes a Structure?

Answer 13

Includes structures other than dwellings

Question 14

Elimination of what elements occurs between common law and Modern Burglary?

Answer 14

1) Elimination of nighttime requirement 2) Elimination of breaking requirement

Question 15

What is the Mens Rea of Modern Burglary?

Answer 15

Specific Intent

Question 16

Within Modern Burglary, does the crime intended upon entry have to be a felony?

Answer 16

No, any crime will do. Even a misdemeanor

Question 17

What is Arson?

Answer 17

The burning of the dwelling house of another with malice

Question 18

Within Arson, what constitutes a Burning?

Answer 18

Only charring or damage to the fiber of the wood will suffice. Not sufficient - scorching, discoloration from heat, blackening by smoke, or blistering of paint

Question 19

Within Arson, the Burning must be caused by fire, not by:

Answer 19

Explosion

Question 20

Within Arson, what constitutes a Dwelling House?

Answer 20

Same as burglary. Modernly, jurisdictions extend arson to other structures.

Question 21

Within Arson, what constitutes Of Another?

Answer 21

Not Arson - Burning your own house is not arson (unless it is to defraud insurance) 2) This includes a renter who burns their own house is not Arson

Arson - 1) An owner who burns a renters house is Arson 2) An owner who burns their own house to defraud insurance is Arson

Question 22

What is the Mens Rea for Arson?

Answer 22

Malice. Either 1) the defendant intended to burn the dwelling house of another, or 2) the burning occurred because of a reckless disregard for an obvious risk

Question 23

What are the Offenses Against Habitation?

Answer 23

1) Burglary (Common Law and Modern) 2) Arson

Question 24

What is the Mens Rea for each Offense Against Habitation?

Answer 24

Specific Intent - Burglary (Common Law and Modern)

Malice - Arson

Question 25

Within Burglary, what two elements does a Constructive Breaking (Fraud) satisfy?

Answer 25

Both “Trespassory” and “Breaking”