Common Law Burglary

Common Law Burglary

The breaking and entering of a dwelling house of another at

nighttime with the intent to commit a felony therein

Breaking 

1. Actual: the use of actual force however slight 

   1. Turning a doorknob 

   2. Lifting a window screen 

   3. Coming down a chimney 

2. Constructive: no actual force is used, but the criminal actor acomplishes the breaking by: 

   1. Threat of force: open or I will shoot you

   2. Fraud: can i come in and read your meter 

   3. Conspiracy: I will pay you 100 to let me in your boss house  

Entering 

1. Body: Any part of the human body coming inside the plane of the dwelling house will be sufficient.

2. Instrument If the instrument is capable of completing the felonious intent of the criminal actor, then its intrusion would constitute "entering."

   1. Example: placing a gun inside a window and shooting an occupant.

   2. If the instrument is NOT capable of completing the felonious intent of the criminal actor and further action is required, then the intrusion of the instrument is not sufficient to constitute "entering."

   3. Example: throwing a rock through a window to break it before reaching in to grab the phone sitting on the sill.

Dwelling house 

1. Burglary is a crime against the habitation, rather than a crime against personal property like larceny.

2. The dwelling house requirement means that the place must be someone’s place of habitation.

3. An abandoned or not-yet-occupied house is NOT a dwelling for purposes of burglary law.

4. The dwelling house requirement includes buildings that are within the curtilage or within a common fence of the mansion house.

Of another 

1. The criminal actor CANNOT have any occupancy or habitation rights with respect to the dwelling house.

2. You cannot burglarize your own home because you would not be invading anyone’s habitation rights.

At nighttime 

1. After sunset 

2. Before sunrise 

3. When its too dark to see a persons face 

With an intent to commit a felony therein 

1. Burglary is a specific intent crime 

   1. The specifc intent, is an intent that is  required above and beyond the general intent of the crime

      • Here, D must do the general intent with additional mental state of intent to commit a felony inside the dwelling 

   2. The general intent is the intent to do the actus reus 

      • Here, breaking and entering