Burglary

Question 1

What is burglary?

Answer 1

Breaking and entering of the structure of another with the intent to commit a felony or theft offense
therein

Question 2

What is required for the “breaking” element of burglary?

Answer 2

Common law: requires some force
Modern law: any slight enlargement of opening
Common and modern law: entry by fraud, deception or threat is adequate

Question 3

What is entering requirement for burglary?

Answer 3

Placing any portion of one’s body inside a structure
-under modern law, inserting a tool used for taking is also sufficient

Question 4

Is breaking to exit sufficient for burglary?

Answer 4

No

Question 5

What is the common law requirement regarding the “structure of another”

Answer 5

The structure of another had to be a home where people lived, whether or not it was occupied, and including the structures on the curtilage, like storage sheds

Question 6

What is modern law requirement regarding “structure of another”

Answer 6

Almost any structure is enough, regardless of whether or not it is a dwelling

Question 7

What is intent requirement regarding burglary?

Answer 7

Breaking and entering must be accompanied by a simultaneous felonious or theft intent

Question 8

Must felonious intent occur before breaking?

Answer 8

Yes, felony intent arising after breaking is insufficient

Question 9

Does burglary need to be committed at night?

Answer 9

No, only at common law does burglary have additional element requiring that the crime be committed in the nighttime