Arson and Burglary Flashcards
Arson Rule Statement
The burning of a protected structure with malice
OR
The malicious burning of a protected structure.
(Arson) What constitutes a burning?
The charring of some part of the structure (e.g. wall, ceiling, beams, etc.) caused by fire.
(Arson) What are protected structures?
At common law (minority rule) the structure had to be a dwelling. Today (majority rule) all structures are protected.
Can a landlord be charged with arson if she burns a building she owns to the ground while a tenant has a lease on it?
Yes, the protected structure must be in the rightful possession of another to be considered for arson.
(Arson) What is the malice required?
1) intent to burn the structure
2) with knowledge of the extremely high risk of the structure burning
Burglary Rule Statement
The trespassory breaking and entering of the protected structure of another at nighttime with the intent to commit a felony therein
Specific intent
(Burglary) What is trespassory?
Entering without consent
(Burglary) What constitutes a breaking?
Some physical manipulation or under the majority rule today, fraud used to gain entry (constructive breaking).
(Burglary) What constitutes entering?
Some portion of the defendant’s body (or some object used to commit the felony inside e.g. a hook to grab a purse), that enters the structure
(Burglary) What constitutes a protected structure?
At common law, it had to be the dwelling of another. Today most states extend burglary to include all property (residential, commercial, or industrial)
(Burglary) Does the burglary have to occur at nighttime?
No. At common law it did, however most states have abolished this.
(Burglary) If a person breaks and enters into a home but does not have the intent to commit a felony therein, has he committed burglary?
No, the intent to commit a felony therein must exist at the time the entry occurs.
Joe one night decides to have his way with a young lass by the name of Honey Boo Boo. He walks to her house and notices that all the lights are off, and instead of having his way with her, he decides to simply take some of her soiled panties. Joe gains access to the house via an unlocked sliding glass door. Once inside Joe finds Honey Boo Boo’s panties and has a big sniff and then puts them in his pocket. He is elated. Has Joe committed burglary?
Trespassory: Yes, without consent
Breaking: Opening the unlocked sliding door
Entering: Going inside
Protected Structure: Dwelling
Intent to commit a felony therein: Larceny/Robbery of Honey Boo Boo’s panties
Nighttime: no longer followed
Conclusion, Joe’s a sick fuck and there was a burglary.
