Offenses Against the Habitation

Question 1

Burglary

Answer 1

CL consists of:

1. Breaking
2. An entry
3. of a dwelling
4. of another
5. at nighttime
6. with intent to commit a felony in the structure

*Modern statutes has eliminated pieces of this (night time, in a dwelling, breaking, etc) and that intent be to commit a felony

Question 2

Arson

Answer 2

CL consists of:

1. malicious
2. burning
3. of a dwelling
4. of another

Modern arson statutes (including MPC have modified CL, usually to expand potential criminal liability. Most stated have expanded the definition of arson to include damage caused by explosion d expanded the types of property that may be destroyed to include commercial structures, cars, trains, etc

Damaged required: Mere blackening by smoke or discoloration is not sufficient, but mere charring is sufficient

Question 3

Houseburning

Answer 3

CL misdemeanor of houseburning consisted of:

1. Malicious
2. burning
3. of one’s own dwelling
4. if the structure is situated either in a city or town, or so near to other houses as to create a danger to them