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BURGLARY
Common law definition?
BREAKING 1 and ENTERING 2 the DWELLING 3 of another at night, with the intent to commit a FELONY 4 inside
1) BREAKING—means creating or enlarging an opening by FORCE (even minimal force)
- Includes—breaking a window, opening a window, opening a door
- Does NOT include—climbing through an already open window, entering with permission
2) ENTRY—some part of ∆'s body must enter the dwelling
3) DWELLING—structure where someone regularly sleeps (i.e., not an office building)
4) INTENT TO COMMIT A FELONY INSIDE—Specific intent crime (intent to STEAL, ROB, RAPE, KILL, ASSAULT, etc.)
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BURGLARY
Statutory changes? (hint: technical requirements)
Many states have ELIMINATED the technical requirements of common law burglary, especially
- "breaking"
- "at night"
- "dwelling"
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NEW YORK BURGLARY
Third degree?
- ENTERING or REMAINING
- UNLAWFULLY
- in a "BUILDING"
- with the intent to commit a "CRIME" inside
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NEW YORK BURGLARY
Second Degree?
3RD DEGREE burglary, PLUS any one of the following
- building is a DWELLING
- a non-participant is INJURED
- ∆ carries a WEAPON
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NEW YORK BURGLARY
First degree?
∆ KNOWS he is burglarizing a DWELLING, plus any one of the following
- a non-participant is INJURED
- ∆ carries a WEAPON
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ARSON (Common Law)
1) Defined
2) Burning?
2) Required Mental state
- 1. Defined: the malicious burning of a building
- a. Applies to all buildings, not just dwellings
- b. ∆ can commit arson to his own building
- 2. Burning: requires the material wasting of the structure
- a. mere blackening by smoke or discoloration by heat ("scorching") is not enough
- b. but mere charring is sufficient
3. Malice is required mental state (i.e., intent, super recklessness)
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ARSON (NY)
1) Fourth degree?
2) Third degree?
3) Second degree?
4) First degree?
1) 4TH DEGREE—RECKLESS burning of a building
2) 3RD DEGREE—INTENTIONAL burning of a building
3) 2ND DEGREE—3rd degree arson, plus ∆ KNOWS or SHOULD HAVE KNOWN that someone was inside the building
4) 1ST DEGREE—2nd degree arson, plus ∆ uses an EXPLOSIVE DEVICE
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