Offenses Against Habitation Flashcards
What is (Common Law) Burglary?
Trespassory breaking and entering the dwelling house of another in the nighttime with the intent to commit a felony therein
Within Burglary, what constitutes Trespassory?
Without consent of occupant. This is implied within the breaking and entering.
Within Burglary, what is the limitation on Trespassory?
If open to the public, may not be Trespassory
Within Burglary, what are the three types of Breaking?
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
Within Burglary, what are the two types of Entering?
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
Within Burglary, what constitutes a Dwelling House?
1) Must be used regularly for sleeping purposes 2) Includes other structures within the curtilage
Within Burglary, how is “used regularly for sleeping” defined?
Can be very infrequent, even once per year
Within Burglary, can a person burglarize their own Dwelling House?
No, must be the dwelling house of another
Within Burglary, what constitutes In the Nighttime?
Either 1/2 or 1 hour after sunset and before sunrise
Within Burglary, what Mens Rea is required for “Intent to Commit a Felony Therein”?
Specific Intent. Intent to commit a felony therein. Important: Concurrence here of Actus Reus and Mens Rea. Important: Remember the Interior Door Doctrine,
What defenses are available to Common Law Burglary?
Reasonable and unreasonable mistake
What is Statutory (or Modern) Burglary?
Entry into any structure with the intent to commit any crime therein
Within Modern Burglary, what constitutes a Structure?
Includes structures other than dwellings
Elimination of what elements occurs between common law and Modern Burglary?
1) Elimination of nighttime requirement 2) Elimination of breaking requirement
What is the Mens Rea of Modern Burglary?
Specific Intent
Within Modern Burglary, does the crime intended upon entry have to be a felony?
No, any crime will do. Even a misdemeanor
What is Arson?
The burning of the dwelling house of another with malice
Within Arson, what constitutes a Burning?
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
Within Arson, the Burning must be caused by fire, not by:
Explosion
Within Arson, what constitutes a Dwelling House?
Same as burglary. Modernly, jurisdictions extend arson to other structures.
Within Arson, what constitutes Of Another?
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
What is the Mens Rea for Arson?
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
What are the Offenses Against Habitation?
1) Burglary (Common Law and Modern) 2) Arson
What is the Mens Rea for each Offense Against Habitation?
Specific Intent - Burglary (Common Law and Modern)
Malice - Arson
