Offenses Against Habitation

Question 1

What are the elements of common law burglary?

Answer 1

(1) breaking and entering
(2) of a dwelling of another
(3) at night
(4) with the intent to commit a felony therein

Question 2

Is there a breaking for purposes of burglary if the defendant goes through a wide open door or window?

Answer 2

no

Question 3

What are constructive breakings for purposes of burglary?

Answer 3

fraud or threat

Question 4

What constitutes “entering” for burglary?

Answer 4

when any part of the body crosses into the house

Question 5

What kinds of structures are not dwelling houses under common law burglary?

Answer 5

barns or commercial buildings

Question 6

When must the intent to commit a felony exist to make a defendant liable for burglary?

Answer 6

at the time of the breaking and entering

Question 7

What are the elements of arson?

Answer 7

(1) malicious

(2) burning of the dwelling of another

Question 8

What does maliciousness require for arson?

Answer 8

reckless disregard, not specific intent

Question 9

What constitutes burning for arson?

Answer 9

charring but not scorching