Criminal Law Crimes Against The Habitation

Front 1

Traditional burglary

Back 1

1) Entry (breaking plane separating inside from outside)
2) by Breaking
3) of the Dwelling of another
4) during the Nighttime; and
5) with Intent to commit a felony inside the structure

Front 2

Dwelling

Back 2

Place used as a sleeping place (doesn't have to be home; check status of current use)

Front 3

Entry can be by instrument

Back 3

Breaking only requires some use of force/effort to create an opening

Front 4

For burglary, D. must have necessary intent at time of entry!

Back 4

However, doesn't need to carry out intent to be guilty

Front 5

Modern statutes often changes burglary elements

Back 5

1) Expand places covered
2) Eliminate need for breaking
3) Eliminate nighttime requirement; and
4) Expand intent that will suffice (i.e., not just felony)

Front 6

Burglary can be committed by going from one room to another

Back 6

Can't be committed by entering a thing within a dwelling

Front 7

To prove an intent to commit a felony, prosecution needs to prove..

Back 7

1) D entered with intent to commit certain acts; and
2) Those acts, if committed by D, would be a felony

* Need not prove D knew law made these acts a felony
* Mistaken belief that one's intended conduct will be a felony is insufficient to be "intent to commit a felony?"

Front 8

Elements of arson

Back 8

1) Malicious [awareness of high risk that structure would burn]
2) Burning [physical damage by fire, not smoke/heat to structure itself]
3) of Another's dwelling