PL Session 6- Burglary and Trespass Flashcards
Can any degree of BURGLARY be committed without first accomplishing some degree of CRIMINAL TRESPASS?
No, it is impossible to commit any degree of BURGLARY without first accomplishing some degree of CRIMINAL TRESPASS.
What constitutes a Premise?
Any real property, includes buildings
What constitutes a Building ?
Has it’s ordinary meaning also includes:
Any vehicle, structure, or watercraft used for the following functions:
1. Overnight lodging of persons
2. By persons to carry on business therein
3. As an elementary or secondary school
All the following consitute buildings:
Houseboat, house trailer, camping tent, inclosed motor truck, garage, mausoleum, tool shed
Generally, if a building contains a dwelling, a burglary committed in any part of hat building is the burglary of a dwelling.
What constitutes a Dwelling ?
A building utilized for the overnight lodging of persons
Every dwelling is a building
NOT every building is a dwelling
What makes someone licensed or privlidged to enter or remain?
If the premises involved are open to the public (stores, commercial establishments, etc.), then anyone is licensed or privileged to enter or remain, regardless of his intent, unless:
* A lawful order, not to enter or remain, is personally communicated to him, by someone in authority.
If the premises involved is unimproved and apparently unused land, which is neither fenced nor enclosed in a manner designed to exclude intruders, then anyone is licensed or privileged to enter or remain unless:
* Notice against trespass is personally communicated to him by an authorized person, or posted in a conspicuous manner.
If the premises is a school building individuals are NOT LICENSED OR PRIVLIDGED UNLESS:
* You have WRITTEN PERMISSION from someone in authority, OR
* You have LEGITIMATE REASON which includes a relationship involving CUSTODY, or RESPONSIBILITY, for a student or pupil,
OR
* You have LEGITIMATE BUSINESS or a purpose relating to the operation of the school.
What constitutes Burglary 3rd?
Acronym B-I-K-E
A person enters or remains in any building with intent to commit a crime therein:
- B = Building
- I = Intent to commit crime therein
- K = Knowingly
- E = Enter or remain unlawfully
D Felony
What constitutes Burglary 2nd?
Acronym D-I-K-E or A-B-I-K-E
A person enters or remains in any DWELLING with intent to commit a crime therein:
* D = Dwelling
* I = Intent to commit crime therein
* K = Knowingly
* E = Enter or remain unlawfully
OR
A person enters or remains in any BUILDING with intent to commit a crime therein with an aggravating factor:
* A= Aggravating Factor
* B= Building
* I = Intent to commit crime therein
* K = Knowingly
* E = Enter or remain unlawfully
Aggravating Factors:
* P = Physical injury to a non-participant
* A = Armed with an explosive or deadly weapon
* I = Use or threaten the use of a dangerous instrument
* D = Display what appears to be a pistol, revolver, rifle,
shotgun, machine gun, or other firearm
C Felony
The aggravating factor can occur while entering, while inside, or while in
immediate flight.
What constitutes Burglary 1st?
Acronym A-D-I-K-E
A person enters or remains in any DWELLING with intent to commit a crime therein with an aggravating factor:
* A= Aggravating Factor
* D= Dwelling
* I = Intent to commit crime therein
* K = Knowingly
* E = Enter or remain unlawfully
Aggravating Factors:
* P = Physical injury to a non-participant
* A = Armed with an explosive or deadly weapon
* I = Use or threaten the use of a dangerous instrument
* D = Display what appears to be a pistol, revolver, rifle,
shotgun, machine gun, or other firearm
B Felony
- The aggravating factor can occur while entering, while inside, or while in
immediate flight. - There is an affirmative defense to Burglary 1st Degree that if the “GUN” displayed was not a loaded, working gun the defendant will be guilty of Burglary 2nd Degree.
What constitutes Trespass
Occurs when someone KNOWINGLY ENTERS or REMAINS UNLAWFULLY in or upon PREMISES.
Violation
No intent to commit a crime
What constitutes Criminal Trespass 3rd?
This occurs when you trespass in either:
* A building
OR
* Real property which is fenced or enclosed in a manner designed to exclude intruders
OR
* An elementary or secondary school building, etc., in violation of conspicuously posted rules or regulations, OR in violation of a personally communicated request from someone in authority.
B Misd
Remember, DAY CAMPS, OVERNIGHT CAMPS, PUBLIC HOUSING PROJECTS, and RAILROAD RIGHTS-OF-WAY are also covered.
What constitutes Criminal Trespass 2nd?
This occurs when you trespass in:
* A dwelling
This can also occur when a Registered Sex Offender enters a school where **his victim attends or attended **and he does not have an enumerated lawful purpose for such entry.
A Misd
Most Frequently Asked Trespass Question
What constitutes Criminal Trespass 1st?
Acronym Building+ F-R-E-D-S AMMO
This occurs when you trespass in:
A building and in the course of doing so:
-
Possesses or another participant possesses an explosive or deadly weapon
OR
Possesses a firearm, rifle, or shotgun and also has readily accessible ammunition capable of being discharged by the same
OR - Knows another participant possesses these items
D Felony
Building +
F= Firearm
R= Rifle
E= Explosive
D= Deadly Weapon
S= Shotgun
Ammo
What constitutes Possession of Burglars Tools?
Any tool, instrument, or article adapted, designed, or used for committing forcible entry or larceny by physical taking, or certain theft of services and under circumstances evincing an unlawful intent.
A Misd
More serious offense than Criminal Trespass 3rd
RARE
What constitutes Unlawful Possession of Radio Devices?
Possessing
* Any device capable of receiving police frequencies
OR
* Receiving or transmitting a wireless police communication with intent to use in the commission of Robbery, Burglary, Larceny, Gambling, or Controlled Substance offenses.
B Misd
