Burglary

Question 1

BURGLARY

Answer 1

Common law burglary consists of:
* A breaking (creating or enlarging an opening by at least minimal
force, fraud, or intimidation; if defendant had the resident’s consent
to enter, the entry is not a breaking)
* And entry (placing any portion of the body or any instrument used
to commit the crime into the structure)
* Of a dwelling (a structure used with regularity for sleeping purposes,
even if used for other purposes such as conducting a
business)
* Of another (ownership is irrelevant; occupancy by someone other
than the defendant is all that is required)
* At nighttime
* With the intent to commit a felony in the structure (felony need
not be carried out to constitute burglary)

Question 2

Breaking

Question 3

Entering

Question 4

Into a dwelling

Question 5

Intent to commit a felony therein