Crim - Burglary Question

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umichgrad
Posts: 381
Joined: Wed Aug 26, 2009 11:53 am

Crim - Burglary Question

Postby umichgrad » Thu Dec 09, 2010 1:53 pm

Common law burglary is defined as the breaking and entering of the dwelling place of another (at night?) with the intent to commit a felony therein.

Three questions:

(1) Does this mean that if one is locked out of one's own home, and it is night time, and the person wants to get in because they want to have sex with someone underage (felony), and one breaks in, can they not be charged with burglary because it was not the dwelling place of another?

(2) How seriously does the common law take the "at night" provision? Is dusk acceptable?

(3) If the person is breaking and entering at night with the intent to commit a felony LATER -- e.g. breaks into the neighbor's house to read the blueprints of the bank down the street in order to rob it later but does NOT remove the blueprints, would this not qualify as burglary?

Thanks! Crim final tomorrow. Yikes.

seaoframen
Posts: 5
Joined: Thu Dec 09, 2010 2:11 pm

Re: Crim - Burglary Question

Postby seaoframen » Thu Dec 09, 2010 2:18 pm

umichgrad wrote:Common law burglary is defined as the breaking and entering of the dwelling place of another (at night?) with the intent to commit a felony therein.

Three questions:

(1) Does this mean that if one is locked out of one's own home, and it is night time, and the person wants to get in because they want to have sex with someone underage (felony), and one breaks in, can they not be charged with burglary because it was not the dwelling place of another?

(2) How seriously does the common law take the "at night" provision? Is dusk acceptable?

(3) If the person is breaking and entering at night with the intent to commit a felony LATER -- e.g. breaks into the neighbor's house to read the blueprints of the bank down the street in order to rob it later but does NOT remove the blueprints, would this not qualify as burglary?

Thanks! Crim final tomorrow. Yikes.


1. yes, i believe it would just be attempted (depending on proximity or actions) statutory rape because you cannot be charged with burglarizing your own house.

2. If you view the policy intent the legislature most likely made a separate crime for burglary because of the inherent danger it can pose to people. (assumed committed while they are sleeping). I think dusk would be a gray area you could argue either way.

3. I think your intent to commit a felony would need to take place before you entered the house. All the elements of burglary need to be concurrent. For example a homeless man that breaks in just looking for a warm place to sleep hasn't committed burglary, even if before he leaves decides to take property. I think reading blueprints would only constitute the lesser crime of breaking and entering a dwelling.

umichgrad
Posts: 381
Joined: Wed Aug 26, 2009 11:53 am

Re: Crim - Burglary Question

Postby umichgrad » Thu Dec 09, 2010 2:31 pm

Thanks for your responses.

With regard to the last one, I understand the distinction of needing intent prior to breaking and entering. Specifically though I'm wondering if the actual felony you already intend to commit must take place within the home (as in the therein part of the definition), or whether breaking and entering with the intent to FURTHER felonious interests counts as burglary. So if you know the neighbor has blueprints, and you need to see them in order to rob the bank, you already have the intent to commit the felony but not specifically within the home. Still burglary?

freewheelin
Posts: 33
Joined: Tue May 19, 2009 9:27 am

Re: Crim - Burglary Question

Postby freewheelin » Thu Dec 09, 2010 4:04 pm

Seems like the "therein" is there for a reason, instead of saying "to further".




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