Offenses Against the Habitation

Question 1

What is common law burglary?

Answer 1

(1) a breaking (consent to enter invalidates this element/must be by force, fraud or intimidation)
(2) and entry (any part of body or instrument used to commit crime)
(3) of a dwelling (includes businesses if used with regularity for sleeping)
(4) of another (occupancy by someone other than defendant)
(5) at night
(6) with the intent to commit a felony in the structure (need not be carried out)

Question 2

What aspects of common law burglary are usually eliminated by modern statutes?

Answer 2

Breaking, a dwelling, nighttime, and often allows purpose to be a misdemeanor theft

Question 3

What is common law arson?

Answer 3

(1) the malicious (intentional or with reckless disregard)
(2) burning (requiring fire damage – scorching/discoloration insufficient but charring sufficient)
(3) of a dwelling [many statutes extend this to other structures and MBE questions often assume this without specifically stating]
(4) of another (common law – burning your own house is misdemeanor house burning if it is near other homes)

Question 4

What are the modern modifications to arson?

Answer 4

Expanded to include damage by explosion and includes damage to other structures, cars, and trains