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Question 0

Modernly, burglary covers anyone who enters or does what on the premises?

Answer 0

Remains

Question 1

Modernly, a breaking for burglary isn’t required, but what is?

Answer 1

An unlawful, authorized, and unprivileged entry

Question 2

If a defendant unlawfully remains inside a house, at modern law, when does the intent to commit a crime for burglary have to occur?

Answer 2

When the defendant unlawfully remained in the house

Question 3

What is an example of a burglary that is committed by remaining on the premises at ML?

Answer 3

Hiding in a bank until it closes, and then stealing money

Question 4

At modern law, the intent element for burglary can also include what?

Answer 4

Larceny (even though that is not a felony)

Question 5

What is aggravated burglary?

Answer 5

Burglary coupled with one+ of these:

• the structure entered was a dwelling
• offense occured at night
• D was armed or injured someone
• someone was inside when D entered

Question 6

What is attempted burglary?

Answer 6

When a defendant goes near a structure intending to break into it for the purpose of committing some other felony or larceny

Question 7

What is arson?

Answer 7

Malicious burning of the dwelling house of another

Question 8

What do modern statutes include for arson?

Answer 8

Businesses

Question 9

What kind of intent crime is arson?

Answer 9

General intent, because guilt can come from intent to burn the structure, or if someone is very reckless about it

Question 10

Does a home have to be completely destroyed for arson?

Answer 10

No, as long as some charring took place

Question 11

Is smoke damage enough for arson?

Answer 11

No, has to be charring

Question 12

If you blow up the house, can that be arson?

Answer 12

Yes, but only if the house also burns and the fire must occur when the house is still a house. It can’t be burning fragments after the explosion

Question 13

Is arson an inherently dangerous felony?

Answer 13

Yes, so a murder caused by arson is first degree

Question 14

Can you burn down your own house?

Answer 14

No, because it has to be the dwelling house of another, so that would be a legal impossibility

Question 15

What are the elements of arson?

Answer 15

1. Malicious
2. Burning
3. Dwelling or other property
4. Of another
5. With malice

Question 16

What is required for the malicious element of arson?

Answer 16

Acting with a wrongful purpose like causing harm to others or knowing others would be harmed

Question 17

Is criminal negligence enough for the malicious element of arson?

Answer 17

No, malice must come from intent to burn, or wanton/willful misconduct that creates a substantial likelihood a structure will be burned

Question 18

Does a burning have to be illegal for arson?

Answer 18

No, just have to deliberately start a fire

Question 19

What are the three different schools of thought on the burning element of arson?

Answer 19

• CL: must be combustion of a part of the material the building is made from and charring is necessary
• Modernly: uses the words “sets fire to” or “burns.” Liability extends to damage without burning like blistering, or smoke damage. The fire must change the building to lower its value/impair its usefulness
• MPC: D must start a fire with specific intent, but doesn’t have to cause actual harm or injury

Question 20

What is an example of MPC burning for arson?

Answer 20

Gathering combustible materials near a property to be burned

Question 21

Is discoloration or smoke damage enough for common-law arson?

Answer 21

No, must be charring, but it would be enough for modern arson

Question 22

What are the two schools of thought for a dwelling/property for arson?

Answer 22

• CL: must be human habitation at the building. Doesn’t matter if building wasn’t originally built for it. Building stays a dwelling until a person leaves permanently. Buildings within the curtilage also count, as do those - Modernly: any property, regardless of ownership

Question 23

What does within the curtilage mean?

Answer 23

In the yard around the dwelling

Question 24

What are some examples of property that would count for modern arson?

Answer 24

Structures, bridges, forests, grasslands, vehicles

Question 25

What does the “of another” element of arson mean?

Answer 25

Dwelling that is in someone else’s possession

Question 26

What does “with malice” mean for arson?

Answer 26

Intent to burn or extreme/wanton recklessness

Question 27

How can you show extreme/wanton recklessness for the malice element of arson?

Answer 27

Circumstances where the act creates a very high risk of burning, or D knew about the risk but engaged in the conduct anyway

Question 28

If a fire starts, you call the fire department, the fire chief comes but hates you so deliberately is very slow to gear up, and your house burns down, what is the liability?

Answer 28

Even though the chief didn’t maliciously set the fire, he had a duty to put it out, so his deliberate delay is the same as willful burning because it resulted in the burning of your home (he is guilty of arson)

Question 29

How is burning your own dwelling with intent to collect insurance treated under the different types of law?

Answer 29

• CL: that is not arson

- MPC/modern law: it is arson

Question 30

What is attempted arson?

Answer 30

Attempting to burn protected property with specific intent to burn it

Question 31

What are some things that courts consider when deciding the degree of arson and the consequence for it?

Answer 31

• the presence of someone on the property (or possible presence)
• injury or death
• if property was inhabited
• if property was used for the public
• culpable mental state of defendant