CL CH 12 Burglary, Trespass, Arson, Mischief

burgulary

At common Law: the breaking and entering of the dwelling house of another at night (could be punished by DP)

(modified to cover illegal entry into any structure at any time, day or night with criminal intent)

why prohibit and punish burglary

Home: the right to peaceful enjoyment of the home

Safety: the protection of individuals against violent attack and fright within the home

Escalation: the prevention of a dangerous confrontation that may escalate into a fatal conflict

Burgulary Breaking CL

requires a “breaking” to enter the home by a trespass’s w/o consent from the owner

• penetrates the structure (breaking a window, pushing open a locked door)

• permanent damage not required

• can also enter through constructive force (entry by fraud, misrepresentation, threat of force, entry by accomplice)

Burgulary Breaking Modern

unlawful or uninvited entry

• does not require “breaking”

• it’s NOT burglary if the place is open to the general public

• needs to be a building that someone is able to inhabit

Burgulary Entry CL & Modern

requires that only 1 part of the body enters a building/dwelling

ex- hand, food, finger are all sufficient

• also when there is entry by an instrument that is used to carry out the burglary (reaching in a hanger)

• NOT burgulary if the instrument is used soley to break the structure (ex- tossing a brick through a window)

the breaking must be connected to the entering and the entry for the burglary must be trespassory (w/o consent)

Dixon v State (burglary)

defendant was convicted of burglary after entering a church office during a sunday morning service

• church was open to the public, but the office was a private area

• defendant was found going through desk drawers and upon confrontation he fled

• The discovery of stolen money in his possession further solidifies the intent to commit theft, which is a key element in burglary charges.

stowell v people (burglary)

a railway worker used a company key to enter a warehouse and steal some items

• The court decided this wasn’t burglary because he was allowed to have the key and enter the building for work

• “If the person entering has a right to do so, although he may intend to and may actually commit a felony

Dwelling House CL

limited burglary to a “dwelling house”

• a structure regularly used as a place to sleep

• included curtilage

curtilage

the area immediately surrounding a swelling that is considered part of the habitation

ex- garage, shed, barn

Dwelling House Modern

most statutes no longer limit burglaries to dwellings and typically categorize the burglary of a dwelling as an aggravated burglary

• house, room, apartment, shop, warehouse, store, mill, barn, stable, outhouse, tent, vessel, floating home, railroad car, aircraft, inhabited camper

• other statues are less precise and provide that a burglary involves a “building or occupied structure or separately secure or occupied portion”

dwelling of another

need to examine who resides in the dwelling rather than who owns the dwelling

ellyson v state

defendant was convicted of burglary for breaking into a house he co-owned with his estranged wife, intending to rape her

• since they were divorcing, the court ruled that his wife had sole control of the access of the home

• individuals generally cannot burglarize a dwelling that they share with another, unless you enter areas exclusively controlled by them with criminal intent

Nighttime burglary CL

burglary must have happened at night

• people were likely to be in their dwellings

• perpetrators were harder to recognize

determined whether it was nighttime by asking whether the identity of an individual could be identified in the “natural light”

Nighttime burglary Modern

state statutes no longer require that a burglary be committed at night

• however, a B&E during the evening is considered aggravated burgulary and is punished more severely

Intent burglary CL

required that individuals posess an intention to commit a felony or theft at the time of unlawful entry

• guilty when the entered the dwelling, regardless of whether they actually commit the crime or abandon their criminal purpose

• intent must be concurrent with the entry (not burglary when the felonious intent is formed following the entry

Intent burglary Today

some judges recognize that individuals who enter a building are guilty of a burglary in the event that they develop a felonious intent after entering into a building

This reflects a broader interpretation of intent, where the time of entry and the subsequent formation of malicious intent can lead to a burglary charge.

• intrusion into a building is threatening no matter the intent

Aggravated 1st degree burglary

• enchanced punishment

• nighttime burglary of the dwelling

• possession of a dangerous weapon

• infliction of injury to others

• intent to commit a felony

second degree burglary

• typically involving unlawful entry into a structure with the intent to commit theft

• without aggravating factors such as weapon possession or injury to others

• residential structure

3rd degree burglary/simple

• least serious grade

• entry with intent to commit

• a misdemeanor or nonviolent felony

• nonresidential structure or fenced in commercial or residential yard

Burgulary is a ___ offense

distinct

it does not merge into another crime

ex- like assault and battery or larceny can go into another crime

Illogical results with burglary

MPC points out that punishment for burglar can lead to illogical results

• inconsistency with intent and time of entry

intent to steal beforehand = burglary and shoplifting

intent to steal after entering= shop lifting

State v Stinton

defendant breached a protective order by entering his former partners home to retrieve personal items, which led to 2 charges: misdemeanor (violating protective order), felony (entering into the home with the intent to commit a crime)

• argued it was unfair to escalate his action to burglary, claiming it would have been only misdemeanor if it had occurred on the street

• unsuccessful

bruce v commonwealth

involved breaking and entering into his estranged wife’s house with a deadly weapon

• the argument was looking to see if he had intent to commit assault after B&E

• court found the evidence was sufficient to prove an intent to commit assault at the time of B&E and affirmed the appellants conviction

lacey v commonwealth

involved defendant who was convicted of statutory burglary and subsequent offense of petit larceny

• he entered a house through an open garage door and stole 152 dollars in cash

• court reverse his statutory burglar conviction as this didn’t constitute breaking into the house but upheld conviction of petit larceny

criminal trespass

the unauthorized entry or remaining on the land or premises of another

• actus reus is entering or remaining on another person’s land/property w/o the owners permission

• ex- disregarding a no trespassing sign and hopping over a fence to swim at a private beach, or if you swim with permission then disregard the owners request to leave

defiant trespass

Entering or staying on someone else's property even after being told to leave or seeing a "No Trespassing" sign.

• most statutes require that an owner provide notice that an entry is prohibited

intent of trespass

typically require knowingly entering onto the property of another or knowingly remaining on the property of another w/o the consent of an owner

first degree criminal trespass

• entering or remaining in the dwelling of another

• punished as a minor felony

• jail sentence between a number of months plus sever years plus a fine

second degree criminal trespass

• entering or remaining in an enclosed building or fenced in property

• punished as misdemeanor

• imprisonment for up to several months as well as a fine of several thousands of dollars

thrid degree criminal trespass

• entering in or remaining on unenclosed land

• punished as petty misdemeanor

• fines

computer trespassing

a lack of authorization to access a computer or computer system

NY Def

punishes an individual who “intentionally and without authorization” accesses a computer, computer system, or network with intent to delete, damage, or destroy a computer, computer system or computer network

fungario v state

a computer programmer who was fired from his job, deleted files and added password protection s to his employer’s computer systems without authorization

court upheld conviction of computer trespass finding significant evidence of his intent to harm the employer’s computer system

adderley v Florida

students from Florida A&M protested the arrest of one of their classmates for protesting racial segregation (held at FL CT jail)

they blocked a driveway used for jail operations and were arrested for trespassing

SC upheld the conviction ruling that jail property was not a public forum and their actions were not protected under the first amendment

arson

CL: willful and malicious burning of the dwelling of another

• purpose is to protect the home along with the occupants and their possessions

Today: had been modified by state statutes to encompass any building or structure

Buring Arson CL

requires a buring

“consuming of the material” or “burning of any part of the house”

burning is not required to destroy the structure or seriously damage the house (only a small portion of the dwelling no matter how significant or difficult to detect)

• small, charred spots were enough, but superficial effects like soot, smudging, or smoke damage didn’t qualify

• explosions were also excluded, unless they caused a fire

Burning Arson Modern

trend is for state statutes and courts to broadly interpret arson statutes

also find that smoke damage and soot are sufficient

Dwelling Arson CL

must be committed against a swelling (regularly used for sleeping)

• can be absent

• abandoned building doesn’t constitute

• extends to curtilage

Dwelling Arson Modern

no longer limited to just dwellings

real property (buildings and land) and personal property (personal belongings, vehicles)

statutes including personal property extend arson to the buring of furniture in a house, regardless of whether the fire damages the dwelling

Dwelling of another arson CL

required that the burned dwelling was occupied by another individual

issue: occupancy rather than ownership (same w burglary)

ex- a husband cannot be guilty of arson for burning the home he shares w his wife

Dwelling of another arson Today

modern statutes have eliminated the requirement that arson must be directed at the dwelling of another

Willful and Malicious Arson CL

mens rea of arson was malice, does not require dislike or hatred

malice in arson entails either a purpose to burn or a knowledge that the structure would burn or the creation of an obvious fire hazard that w/o justification or excuse damages a dwelling

• negligent or involuntary burring does not satisfy the requirment for CL arson

Willful and Malicious Arson Today

typically retain common law intent standard and include language such as “willfully and Malicious”

• separate statutes often punish a reckless burning

• defrauding an insurance company

criminal mischief CL

the destruction of, or damage to, the personal property (physical belongings of another)

crimianl mischief MPC/Modern

damage or destruction of tangible property

• under modern statutes criminal mischief includes damage to both personal and real tangible structures

punishment may vary based on the value of the property damaged, with higher penalties for greater damage.

types of criminal mischief (actus reus)

damage to property: fire, explosion, flood

tampering with tangible property to endanger: removal of a stop sign or one way road sign

deception causing financial loss: sending a message that their mother is dying across the country, causing the individual to spend hundreds of $ on an unnecessary flight

Mens rea of mischief

acts must be committed purposely or recklessly

damage to property by catastrophic means (flood, explosion), may be committed negligently

monetary damage