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Question 0

How does the MPC treat burglary?

Answer 0

• no breaking
• can be a building or occupied structure
• any purpose to commit a crime counts

Question 1

What are the structure crimes?

Answer 1

Burglary and arson

Question 2

What is burglary at modern law?

Answer 2

Any trespassory entry to any structure at any time with intent to commit a felony or larceny therein

Question 3

Is burglary considered an inherently dangerous felony?

Answer 3

Yes, so felony murder applies

Question 4

Murders that happen during a burglary are usually considered what?

Answer 4

First degree, because of the inherently dangerous nature of a burglary, so felony murder applies

Question 5

What type of intent crime is a burglary?

Answer 5

Specific intent, so you must prove defendant entered the structure intending to commit a felony inside

Question 6

When you’re discussing burglary on an exam, what should the focus be?

Answer 6

Common-law burglary, and if it doesn’t fit under there, and then discuss modern burglary

Question 7

What are the elements of common-law burglary?

Answer 7

• trespassory
• breaking
• and entering
• of the dwelling
• of another
• at nighttime
• with intent to commit a felony therein

Question 8

What does the trespassory element of burglary mean?

Answer 8

Entry without consent

Question 9

If you are an invited guest or roommate, and you have the authority to enter a house, can a burglary be committed?

Answer 9

No

Question 10

What are the three different types of consent that are applicable to the trespassory element of burglary?

Answer 10

• implied consent
• express consent
• fraudulent consent

Question 11

What is implied consent for burglary?

Answer 11

Permission to enter a structure can be implied, like retail stores have implied permission to enter for customers

Question 12

Is there implied consent to enter a store that is not open for business?

Answer 12

No

Question 13

Is there implied consent to go into areas of stores that say employees only?

Answer 13

No

Question 14

What is express consent for burglary?

Answer 14

If there is an open sign in the window

Question 15

How can permission to enter a structure be revoked?

Answer 15

As long as it is actually received by the defendant

Question 16

What is fraudulent consent for burglary?

Answer 16

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

Question 17

What is the common law breaking element of burglary?

Answer 17

Opening something that was closed but not necessarily locked in order to enter

Question 18

Is walking through an open door enough for burglary?

Answer 18

No

Question 19

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?

Answer 19

Yes

Question 20

Why can there not be a breaking for burglary for houses that are open to the public?

Answer 20

Because everyone is invited in

Question 21

What is a constructive breaking for burglary?

Answer 21

When entry is gotten by fraud, deception, or threat of force

Question 22

What are some other ways to accomplish a breaking for burglary?

Answer 22

Enlarging an opening, raising a shade, pushing back the curtain

Question 23

If you trick someone into getting them to let you into their house by pretending to be someone else, have you committed a breaking for burglary?

Answer 23

Yes

Question 24

If you shoot through the open window of the house with intent to kill someone, have you committed a common law breaking?

Answer 24

No, because the window was already open

Question 25

If you shoot through an open window and kill someone, have you done a constructive breaking for burglary?

Answer 25

No, because the window wasn't opened because of threat, trick, or co-conspirator aid

Question 26

If you shoot through an open window and kill someone, have you committed a modern burglary?

Answer 26

Yes, because there was a trespassory entry when you shot through the window that would be a constructive breaking

Question 27

How can a single act be both a breaking and entry?

Answer 27

Shooting through a closed window. Breaking was breaking the window, and the entry was the bullet that shot through and killed someone

Question 28

If there is only a breaking and no entry, what has been committed?

Answer 28

Attempted burglary

Question 29

What is required at common law for entering for burglary?

Answer 29

Any entry of the defendant's person, no matter how slight, across the plane of the house

Question 30

What is the example of an entry for burglary?

Answer 30

Opening a closed window and reaching inside to steal something

Question 31

What are the two different kinds of entry that can happen for a burglary?

Answer 31

- constructive entry | - instrumental entry

Question 32

What is a constructive entry for burglary?

Answer 32

When defendant sends another that is incapable of committing an offense, or someone under his control to do the felonious act, so that person became a tool that was used by the defendant

Question 33

What is an example of a constructive entry for burglary?

Answer 33

Sending a child inside to do the stealing

Question 34

What is an instrumental entry for burglary?

Answer 34

An instrument is used to directly carry out the felonious intent

Question 35

What is an example of an instrumental entry for burglary?

Answer 35

Opening a window, and using a pole to reach a purse inside on the table and grab the purse

Question 36

If you use an instrument to open a structure can that be an instrumental entry?

Answer 36

No because the instrument wasn't directly used to carry out the felonious intent

Question 37

At common-law, what is considered the dwelling house of another for burglary?

Answer 37

Any structure ordinarily used for sleeping or within the curtilage of the home

Question 38

Could breaking into a convenience store be a burglary?

Answer 38

- CL: no, because it isn't the dwelling | - MPC: yes, because any structure counts

Question 39

How is the dwelling house of another element of burglary treated under modern law?

Answer 39

Any structure counts

Question 40

What are some examples of structures at modern law that can count for burglary?

Answer 40

Hotels, offices, cabins, automobiles, railway cars, vessels, stores

Question 41

If the residents of the dwelling are away, can a burglary still happen?

Answer 41

Yes

Question 42

What is the situation where a burglary cannot happen when the residents are away?

Answer 42

If they haven't moved into the house yet

Question 43

Can a D burglarize his own house?

Answer 43

No, because it must be the dwelling house of another. If defendant rents out his house then it becomes that of another

Question 44

What does the dwelling house "of another" requirement mean for burglary?

Answer 44

Whoever has actual possession of the house, so that could be a renter

Question 45

Are hotels considered the dwelling house of another?

Answer 45

- CL: they are not the dwelling of the guest, but if the hotel manager lives at the hotel, then his space is his dwelling and all other rooms are his curtilage

Question 46

What does the "night time" requirement for burglary mean?

Answer 46

At common-law it was anytime in the day when you couldn't make out the defendant's features through natural light (dusk to dawn)

Question 47

What has happened to the nighttime requirement for burglary at common law?

Answer 47

It is been removed and can now happen anytime of day or night

Question 48

Do the acts of breaking and entering have to happen on the same night for a burglary?

Answer 48

- CL: no, they just both have to happen at night | - Modernly: no, you can break one day and enter the next

Question 49

What does intent to commit a felony inside mean for burglary?

Answer 49

When the breaking happens, the defendant must have a felonious purpose for going inside

Question 50

If a felony doesn't actually get committed once the defendant is inside, has a burglary occurred?

Answer 50

Yes, because it doesn't matter if the felony gets committed, only that the purpose to commit one was present at the time of the breaking and entry

Question 51

Modernly what is the intent to commit a felony inside element for burglary?

Answer 51

Intent to commit a misdemeanor is enough

Question 52

What are the common law felonies?

Answer 52

Mr. & Mrs. Lamb - murder - rape - manslaughter - robbery - sodomy - larceny - arson - mayhem - burglary

Question 53

What is the mnemonic to help remember the common-law felonies?

Answer 53

Mr. & Mrs. Lamb

Question 54

How do actions imply intentions for burglary?

Answer 54

If defendant commits a felony right after entering the structure, that implies that he intended to do it when he entered

Question 55

If a person is taking back their own property, or taking property with an honest mistaken belief it belongs to someone that authorized them to take it, has a burglary occurred?

Answer 55

No, because there was no intent to steal