Crim Law 7

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Author:
paul
ID:
23617
Filename:
Crim Law 7
Updated:
2010-07-10 16:07:03
Tags:
Habitation Offenses
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Description:
Crim Law 7 - Habitation Offenses
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  1. BURGLARY

    Common law definition?
    BREAKING1 and ENTERING2 the DWELLING3 of another at night, with the intent to commit a FELONY4 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.)
  2. BURGLARY

    Statutory changes? (hint: technical requirements)
    Many states have ELIMINATED the technical requirements of common law burglary, especially

    • "breaking"
    • "at night"
    • "dwelling"
  3. NEW YORK BURGLARY

    Third degree?
    • ENTERING or REMAINING
    • UNLAWFULLY
    • in a "BUILDING"
    • with the intent to commit a "CRIME" inside
  4. 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
  5. 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
  6. 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)
  7. 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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