Page 33 Flashcards Preview

Criminal FYLSE > Page 33 > Flashcards

Flashcards in Page 33 Deck (32):

Modernly, a breaking for burglary isn't required, but what is?

An unlawful, an authorized, and unprivileged entry


Modernly, burglary covers anyone enters or what on the premises?



If a defendant unlawfully remains inside a house, at modern law, when does the intent to commit a crime for burglary have to occur?

When the defendant unlawfully remained in the house


What is an example of a burglary that is committed by remaining on the premises at ML?

Hiding in a bank until it closes, and then stealing money


At modern law the intent element for burglary can also include what?

Larceny even though that is not a felony


What is aggravated burglary?

Burglary coupled with one or more of the following aggravating circumstances:
- The structure entered must be a dwelling
- offense must occur at night
- defendant must be armed or injure someone
- someone was inside when defendant entered


Attempted burglary?

When a defendant goes near a structure intending to break into it for the purpose of committing some other felony or larceny


What is arson?

Malicious burning of the dwelling house of another


What do modern statutes include for arson?



What kind of intent crime is arson?

General intent, because guilt can come from intent to burn the structure, or if someone is very reckless about it


Does a home have to be completely destroyed for arson?

No, as long as some charring took place


Is smoke damage enough for arson?

No, has to be charring


If you blow up the house, can that be arson?

Yes, but only if the house also burns and the fire must occur when the house is still a house, It can't be burning fragments after the explosion


Is arson an inherently dangerous felony?

Yes, so a murder caused by arson is 1st°


Can you burn down your own house?

No, because it has to be the dwelling house of another, so that would be a legal impossibility


What Are the elements of arson?

1. Malicious
2. Burning
3. Dwelling or other property
4. Of another
5. With malice


What is required for the malicious element of arson?

Acting with a wrongful purpose like causing harm to others or knowing others would be harmed


Criminal negligence enough for the militias element of arson?

No, malice must come from intent to burn, or wanton/willful misconduct that creates a substantial likelihood a structure will be burned


Does a burning have to be illegal for arson?

No, just have to deliberately start a fire


What are the three different schools of thought on the burning element of arson?

a. CL: must be combustion of a part of the material the building is made from and charring is necessary
b. Modernly: uses the words "sets fire to" or "burns" liability extends to damage without burning like blistering, or smoke damage. The fire must change the building to lower its value/impair it's usefulness
c. MPC: defendant must start a fire with specific intent, but doesn't have to cause actual harm or injury


What is an example of MPC burning for arson?

Gathering combustible materials near a property to be burned


Is discoloration, or smoke damage enough for common-law arson?

No, must be charring, but it would be enough for modern arson


What are the two schools of thought for a dwelling/property for arson?

a. CL: must be human habitation at the building. Doesn't matter if building wasn't originally built for it. Building stays a dwelling until a person leaves permanently. Buildings within the curtilage also count, as do those permanently attached to a structure
b. Modernly: any property, regardless of ownership


What does within the curtilage mean?

In the yard around the dwelling


What are some examples of property that would count for modern arson?

Structures, bridges, forests, grasslands, vehicles


What Does the of another element to arson mean?

Dwelling that is in someone else's possession


What does with malice mean for arson?

Intent to burn or extreme/wanton recklessness


How can you show extreme/wanton recklessness for the malice element of arson?

Circumstances where the act creates a very high risk of burning, or defendant knew about the rest but indeed send the contact anyway


If a fire starts, you call the fire department, the fire chief comes but hates you so deliberately is very slow to gear up, and your house burns down, what is the liability?

Even though the chief didn't maliciously set the fire, he had a duty to put it out, so his deliberate delay is the same as willful burning because it resulted in the burning of your home (he is guilty of arson)


How is burning your own dwelling with intent to collect insurance treated under the different types of law?

- CL: that is not arson
- MPC/modern law: it is arson


What is attempted arson?

Attempting to burn protected property with specific intent to burn it


What are some things that courts consider when deciding the degree of arson and the consequence for it?

- The presence of someone on the property (or possible presence)
- injury or death
- if property was inhabited
- if property was used for the public
- culpable mental state of defendant