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13 Cards in this Set

  • Front
  • Back
The willfull and malicious burning of the dwelling house of another.
Breaking and entering into a dwellinghouse with the intent to commit a felony.
Willful and malicious acts committed with the intent to damage or destroy property of another.
Malicious Mischief
The willful and unlawful injury to or destruction of the property of another with the malicious intent to injure the owner. Also known as criminal mischief.
Entering or surreptitously remaining in a building or occupied structure, or seperately secured or occupied portion thereof, knowing that he or she is not licensed or priviledged to do so.
What are the elements of arson?
1. burning
2. a dwelling house
3. the house must belong to or be occupied by another person
4. The burning must be done or caused maliciously
Is there a minimum amount of damage that must be done for a fire to constitute arson?
At common law was it arson if a man burned down his own home?Why or whynot?
No. because one of the elements of arson are that the dwelling be owned or inhabited by another.
With modern law, what factors do officials use to determine the degree of arson?
1. proterty value
2. use of property
3. whether the biulding is inhabited
What are the elements of malicious mischief?
1. Malice
2. Intent
3. Injury or destruction
4. property of another
What are the elements of burglary?
1. breaking;
2. an entry;
3. a dwelling house;
4. of another;
5. in the nighttime;
6. with intent to committ a felony
As far as common law is concerned as it pertaints to the elements of burglary: Define nighttime?
The period between sunset and sunrise.
What two significant changes have been made to common law arson to make it what we know it as today?
1.provides punishment for the burning of sructures other than homes.
2. provides penalty for defrauding insurance providers