Property Crimes: Habitation Offenses

Question 1

Burglary (Common Law)

Answer 1

Breaking and entering the dwelling of another at night with the intent to commit a felony inside

SPECIFIC INTENT

• Breaking–> creating or enlarging an opening by at least minimal force
  
  • breaking a window, opening a window, opening a door–not climbing through an already open window, entering with permission
  • Constructive break–entry gained through fraud, threats or intimindation
• Entry–some part of d’s body must enter building
• dwelling–structure where somone regulalry sleeps
• of another–can’t be your own house
  *

Question 2

Burglary in Georgia

Answer 2

Entering or remaining within a dwelling or any structure designed for use as a dwelling without authority and with the inent to commite a felony or any theft therein

Question 3

Modern Statutory changes to burglary

Answer 3

most have gotten rid of the break, at night and dwelling elements

Question 4

ARson (Common Law)

Answer 4

malicious burning of a building

MALICIOUS INTENT

Must include the natural wasting and the building itself must burn

Question 5

Arson in Georgia

Answer 5

Georgia extends arson to all buildings, including defendant’s own property

KNOWINGLY