Property Crimes: Habitation Offenses [ARSON, BURGLARY]

Question 1

COMMON LAW Burglary

Answer 1

• BREAKING
• and ENTERING
• the DWELLING
• OF ANOTHER
• at NIGHT
• w/ SPECIFIC INTENT to commit a FELONY inside

Question 2

Modern Statutory Changes to CL Burglary

Answer 2

many states have eliminated the technical requirements of breaking, night, and dwelling

Question 3

COMMON LAW Arson

• def
• state of mind
• burning requirement

Answer 3

DEF- malicious burning of the dwelling of another

State of Mind = malice (intent or reckless disregard)

BURNING:
1- requires material wasting (scorching not enough, but charring is); AND
2- it must be of the building itself (not just the carpet)

NOTE: MAJORITY/MPC CHANGES

• traditionally you couldnt arson your own property, but majority of states have eliminated that restriction
• doesnt have to be dwelling in most places; can be other buildings