Page 33 Flashcards
Modernly, burglary covers anyone who enters or does what on the premises?
Remains
Modernly, a breaking for burglary isn’t required, but what is?
An unlawful, authorized, and unprivileged entry
If a defendant unlawfully remains inside a house, at modern law, when does the intent to commit a crime for burglary have to occur?
When the defendant unlawfully remained in the house
What is an example of a burglary that is committed by remaining on the premises at ML?
Hiding in a bank until it closes, and then stealing money
At modern law, the intent element for burglary can also include what?
Larceny (even though that is not a felony)
What is aggravated burglary?
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
What is attempted burglary?
When a defendant goes near a structure intending to break into it for the purpose of committing some other felony or larceny
What is arson?
Malicious burning of the dwelling house of another
What do modern statutes include for arson?
Businesses
What kind of intent crime is arson?
General intent, because guilt can come from intent to burn the structure, or if someone is very reckless about it
Does a home have to be completely destroyed for arson?
No, as long as some charring took place
Is smoke damage enough for arson?
No, has to be charring
If you blow up the house, can that be arson?
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
Is arson an inherently dangerous felony?
Yes, so a murder caused by arson is first degree
Can you burn down your own house?
No, because it has to be the dwelling house of another, so that would be a legal impossibility
What are the elements of arson?
- Malicious
- Burning
- Dwelling or other property
- Of another
- With malice
What is required for the malicious element of arson?
Acting with a wrongful purpose like causing harm to others or knowing others would be harmed
Is criminal negligence enough for the malicious element of arson?
No, malice must come from intent to burn, or wanton/willful misconduct that creates a substantial likelihood a structure will be burned
Does a burning have to be illegal for arson?
No, just have to deliberately start a fire
What are the three different schools of thought on the burning element of arson?
- 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
What is an example of MPC burning for arson?
Gathering combustible materials near a property to be burned
Is discoloration or smoke damage enough for common-law arson?
No, must be charring, but it would be enough for modern arson
What are the two schools of thought for a dwelling/property for arson?
- 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
What does within the curtilage mean?
In the yard around the dwelling
What are some examples of property that would count for modern arson?
Structures, bridges, forests, grasslands, vehicles
What does the “of another” element of arson mean?
Dwelling that is in someone else’s possession
What does “with malice” mean for arson?
Intent to burn or extreme/wanton recklessness
How can you show extreme/wanton recklessness for the malice element of arson?
Circumstances where the act creates a very high risk of burning, or D knew about the risk but engaged in the conduct anyway
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?
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)
How is burning your own dwelling with intent to collect insurance treated under the different types of law?
- CL: that is not arson
- MPC/modern law: it is arson
What is attempted arson?
Attempting to burn protected property with specific intent to burn it
What are some things that courts consider when deciding the degree of arson and the consequence for it?
- 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
