Page 32 Flashcards
How does the MPC treat burglary?
- no breaking
- can be a building or occupied structure
- any purpose to commit a crime counts
What are the structure crimes?
Burglary and arson
What is burglary at modern law?
Any trespassory entry to any structure at any time with intent to commit a felony or larceny therein
Is burglary considered an inherently dangerous felony?
Yes, so felony murder applies
Murders that happen during a burglary are usually considered what?
First degree, because of the inherently dangerous nature of a burglary, so felony murder applies
What type of intent crime is a burglary?
Specific intent, so you must prove defendant entered the structure intending to commit a felony inside
When you’re discussing burglary on an exam, what should the focus be?
Common-law burglary, and if it doesn’t fit under there, and then discuss modern burglary
What are the elements of common-law burglary?
- trespassory
- breaking
- and entering
- of the dwelling
- of another
- at nighttime
- with intent to commit a felony therein
What does the trespassory element of burglary mean?
Entry without consent
If you are an invited guest or roommate, and you have the authority to enter a house, can a burglary be committed?
No
What are the three different types of consent that are applicable to the trespassory element of burglary?
- implied consent
- express consent
- fraudulent consent
What is implied consent for burglary?
Permission to enter a structure can be implied, like retail stores have implied permission to enter for customers
Is there implied consent to enter a store that is not open for business?
No
Is there implied consent to go into areas of stores that say employees only?
No
What is express consent for burglary?
If there is an open sign in the window
How can permission to enter a structure be revoked?
As long as it is actually received by the defendant
What is fraudulent consent for burglary?
You have permission to enter the structure, but you got it with intent to commit a felony therein, so because it is fraudulent it is not valid, so you have committed a trespassory breaking
What is the common law breaking element of burglary?
Opening something that was closed but not necessarily locked in order to enter
Is walking through an open door enough for burglary?
No
If you only have authority to use certain portions of a property, or be in certain places at certain times, is it a breaking to violate those rules for burglary?
Yes
Why can there not be a breaking for burglary for houses that are open to the public?
Because everyone is invited in
What is a constructive breaking for burglary?
When entry is gotten by fraud, deception, or threat of force