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Burglary

Criminal Law Spring 2016

QuestionAnswer
Common Law General Rule of Burglary Breaking and Entering of the dwelling house of another at nighttime w/ the intent to commit a felony therein
Elements of Burglary 1) breaking 2) entering 3) dwelling house 4) of another 5) at nigh time 6) w/ the intent to commit a felony therein
Elemental Breakdown General AR: Breaking and entering, AC: dwelling house, of another, at nighttime, MR: w/ intent to commit a felony therein
Elemental Breakdown Actus Reus breaking and entering
Elemental Breakdown Attendant Circumstances dwelling house, of another, at nighttime
Elemental Breakdown Mens Rea with the intent to commit a felony therein
Breaking two types: actual (use of actual force however slight) or constructive (no actual force is used, but the criminal actor accomplishes the breaking by threat of force, fraud, or conspiracy)
Actual Breaking the use of actual force however slight. this includes turning a door knob, lifting a window screen, or coming down a chimney
Constructive Breaking no actual force is used, but the criminal actor accomplishes the breaking by threat of force (open the door or ill shoot you), fraud (can i come in and read your gas meter) or conspiracy (i will pay you $100 to let me into your employer's house
Entering w/ body (any part of the human body coming inside the plane of the dwelling house will be sufficient) or instrument (capable or not capable of completing the felonious intent of the criminal actor)
Entering w/ Body when any part of the human boy coming inside the plane of the dwelling house will be sufficient
Entering w/ Instrument Constitutes Entering instrument is capable of completing the felonious intent of the criminal actor then its intrusion constitutes entering (placing gun inside a window and shooting an occupant)
Entering w/ Instrument Does Not Constitute entering instrument is NOT capable of completing the felonious intent of the criminal actor AND further action is required, then the instrument is not sufficient to constitute entering (throwing a rock through a window to break it before reaching in to grab item)
Dwelling House Rule must be a place of habitation, includes buildings that are w/n the curtilage or w/n a common fence of the mansion house NOT an abandoned or not yet occupied house
Dwelling House Abstract burglary is a crime against habitation against habitation, rather than a crime against personal property, therefore
Dwelling House Exceptions not yet occupied house is NOT a dwelling INCLUDES buildings that are w/n the curtilage or within a common fence of the mansion house
Of Another Limitation cannot have any occupancy or habitation rights with respect to the dwelling house -> you cannot burglarize your own home, because you would not be invading anyone's habitation rights
Nighttime after sunset, before sunrise, when it is too dark to see a person's face
Requisit Intent burglary is a specific intent crime - general intent (actus reus of burg.) is intent to break and enter specific - criminal must do the breaking and entering w/ the additional mental state of an intent to commit a felony inside the dwelling (3 types)
Specific Intent an intention to commit a future act (breaking and entering the dwelling of another at nighttime w/ the intent TO COMMIT A FELONY THEREIN (at the time of breaking in)
MPC Burglary Elements entering, building or occupied structure, w/ purpose to commit a crime therein
MPC Occupied Structure Defined any structure, vehicle, or place adapted for overnight accommodation of persons, or for carrying on business therein whether or not a person is actually present --
MPC Degrees of Burglary no degrees of burglary under the MPC (however can be a felony of the second degree or a felony of the third degree)
MPC Burglary in the Second Degree 1) if it is perpetuated in the dwelling of another at night (defined as between 30 min past sunset and 30 min before sunrise) 2) OR if actor purposely, knowingly, or recklessly inflicts bodily injury on another or is armed w/ explosives or deadly weapon
MCP Entry OK if structure is sep secured or partially occupied -- Affirmative defense if open to the public or has privilage
Created by: derock170