CHAPTER 12: BURGLARY, TRESPASS, ARSON, AND MISCHIEF

CHAPTER 12: BURGLARY, TRESPASS, ARSON, AND MISCHIEF CHAPTER OUTLINE I. INTRODUCTION II. BURGLARY a. Burglary at common law was defined as the breaking and entering of the dwelling of another at night with the intent to commit a felony b. The crime of burglary protects several interests: i. Home ii. Safety iii. Escalation III. BREAKING a. Common law burglary requires a “breaking” to enter the home by a trespasses, an individual who enters without the consent of the owner b. Most statutes no longer require a breaking IV. ENTRY a. Entry only requires that a portion of an individual’s body enter the dwelling b. The breaking must be the means of entering the dwelling c. The entry for a burglary must be trespassory V. DWELLING HOUSE a. The common law limited burglary to a dwelling house, a structure regularly used as a place to sleep b. A dwelling at common law included the cartilage, or the land and buildings surrounding the dwelling c. Most statutes limit burglaries to dwelling houses and typically categorize the burglary of a dwelling as an aggravated burglary VI. DWELLING OF ANOTHER a. In determining whether the home is “of another” you need to examine who resides in the dwelling rather than who owns the dwelling VII. NIGHTTIME a. A central requirement of burglary is that the crime is committed at night b. Some statutes no longer require that a burglary is committed at night VIII. INTENT a. The common law required that individuals possess an intent to commit a felony within the dwelling at the time that they enter the building IX. AGGRAVATED BURGLARY a. Aggravated first degree burglary statutes generally list various circumstances as deserving enhanced punishment b. Second degree burglary may include the burglary of a dwelling, store, automobile, truck, or railroad car c. The least serious degree of burglary typically involves entry with the intent to commit a misdemeanor or nonviolent felony X. DO WE REALLY NEED THE CRIME OF BURGLARY a. Burglary statutes recognize that there clearly is a difference in the degree of fear and terror and potential for violence resulting from an assault or theft in the home as opposed to an assault and theft on the street b. Legal Equation: Burglary = Breaking and Entering, or unlawfully remaining, or Unlawful Entry + Specific Intent to Commit a Felony or Crime + Inside a Dwelling or other structure at night and other aggravating facts XI. BRUCE V. COMMONWEALTH a. This case challenges the court to creatively apply the breaking and entering requirement to an unusual set of circumstances XII. HITT V. COMMONWEALTH a. This case raises the issue of the definition of a dwelling under burglary statutes XIII. TRESPASS a. Criminal trespass is the unauthorized entry or remaining on the land or premises of another b. A defiant trespass occurs when an individual knowingly enters or remains on the premises after receiving a clear notice that he or she is trespassing c. State statutes differ on the mens rea i. Knowingly ii. Purpose iii. Strict liability d. First degree criminal trespass typically entails entering or remaining in the dwelling of another, and is punished as a minor felony e. Second degree trespass involves entering or remaining in enclosed buildings or fenced in property and is typically punished as a misdemeanor f. Third degree criminal trespass usually is categorized as a petty misdemeanor and entails entering in or remaining on enclosed land g. Computer Trespassing: “intentionally and without authorization” accesses a computer, a computer system, or network with the intent to delete, damage, destroy or disrupt a computer, computer system, or network h. Legal equation: Criminal Trespass = Entry or remaining on the property of another without authorization + Knowingly, purposely, strict liability XIV. ARSON a. Common law arson is defined as the willful and malicious burning of the dwelling house of another XV. BURNING a. Burning is defined as the “consuming of the material” of the house or the “burning of any part of the house” b. Modern statutes have eliminated the requirement that the arson must be directed at the dwelling of another XVI. WILLFUL AND MALICIOUS a. The mens rea of common law of arson is malice XVII. GRADING a. Aggravated arson: Causing a fire or explosion that damages a dwelling or that is dangerous to human life b. Reckless burning: The perpetrator has been previously convicted of either offense, a police officer or firefighter is injured, more than one victim suffers great bodily injury, multiple structures are burned or the defendant employed a device designed to accelerate the fire XVIII. DWELLING a. The definition of dwelling extends to all structures within the cartilage b. Statues no longer limit arson to a dwelling; Arson is no longer a crime that only protects the home XIX. DWELLING OF ANOTHER a. The central issue is occupancy rather than ownership b. The legal equation: Arson = Setting fire to a dwelling or structures in the cartilage + Intent to burn, knowing will burn, reckless creation of the risk of burning + Burning of dwelling XX. WILLIAMS V. STATE a. This case discusses the type of fire damage to a dwelling required to convict a defendant of arson XXI. PEOPLE V. FOX a. This case discusses the definition of a building under the New York arson statute, an issue that also is important for burglary XXII. CRIMINAL MISCHIEF a. The common law misdemeanor of malicious mischief is defined as the destruction of, or damage to the personal property of another b. Criminal mischief includes damage to both personal and real tangible property c. Malicious mischief under most statutes is a minor felony and the punishment is reduced or increased based on the dollar amount of the damage XXIII. ACTUS REUS a. Destruction of damage to tangible property b. Tampering with tangible property so as to endanger a person or property c. Deception or threat causing a financial loss XXIV. MENS REA a. Acts should be committed purposely or recklessly b. Legal equation: Criminal mischief = Destruction or damage or tampering with tangible property or deception or threat causing financial loss + Purposely, knowingly, recklessly, negligently XXV. PEOPLE V. WALLACE a. In this case Wallace argues that as a matter of law he cannot be guilty of vandalizing either community property or his spouse's separate property inside the marital home KEY TERMS arson burglary criminal mischief curtilage defiant trespass tangible property