Offenses Against the Habitation

Question 1

What are the elements of Burglary?

BEDANI

Prima Facie Case also for an Essay

Answer 1

Prima facie case:
* Breaking
* and entering
* into a dwelling
* of another
* at night
* with felonious intent therein

• Intent- has to be formed BEFORE or by the time the breaking and entering occurs, NOT after. Intent to commit a felony formed AFTER breaking in is NOT burglary.
• Breaking- constructive breaking can be satisfied through entry gained by means of a fraud (thief dressed up as bell hop to gain access to guest’s hotel room).
• Dwelling- Still a dwelling even if it is used for other purposes, like a business. A hotel room constitutes a dwelling.

Question 2

What are the elements of Arson?

MBDA

Prima Facie Case also for an Essay

Answer 2

Prima facie case:
* The malicious;
* Burning;
* Of the dwelling;
* Of another.

Malicious- No specific intent required. Intent or knowledge that structure would burn, OR reckless disregard of an obvious risk that it would burn.

Burning- To satisfy this, Scorching is INSUFFICIENT. Charring is SUFFICIENT. Some damage to fiber of wood, or other combustible material.

MPC:
* Malicious
* burning
* Of any structure or dwelling.