ADJUS-121 Lecture Notes - Lecture 21: Larceny, Burglary, Insurance Fraud
20 Jun 2020
School
Department
Course
Professor
Adjus 121
Criminal Law
Fall 2017
● Burglary
○ Common law: the breaking and entering of the dwelling house of another in
the nighttime with the intent to commit a felony or larceny inside.
○ Breaking: opening anything that’s closed.
○ Entering: any crossing of the plane of that home.
○ Dwelling: any place customarily used for sleeping.
○ Nighttime: when the villain’s features couldn’t be made out through natural light.
○ Intent to commit a felony or larceny: if that intent is formed after breaking
and entering, there is no burglary; if the target crime is not committed,
however, he is guilty of burglary; no merger between the burglary and the
target crime.
● Modern statutory changes:
○ Most jurisdictions extend burglary to business.
○ Some have created degrees, the highest of which deals with a dwelling.
○ Most jurisdictions have done away with the nighttime requirements.
○ There is a split of authority over whether there has to be intent at the time of
entry.
○ MPC: A person is guilty of burglary if he enters a building or occupied structure,
or separately secured or occupied portion thereof, with purpose to commit a
crime therein, unless the premises are at the time open to the public or the actor
is licensed or privileged to enter
○ It is an affirmative defense to prosecution for burglary that the building or
structure was abandoned.
● Arson
○ Common law: the malicious burning of the dwelling house of another.
○ Recklessness satisfies the malicious requirement.
○ Burning: if any part of the structure is burnt or charred.
○ Dwelling of another
○ Modern statutory changes:
■ Includes businesses.
■ Burning of one’s own property if done for insurance fraud.
○ Robbery
■ Common law: the taking and carrying away the personal property in the
possession of another from the other’s person or presence, by force or
intimidation with the intent to permanently deprive.
■ Robbery is larceny plus:
● Person or presence
● By force or intimidation
■ Larceny and robbery merge and assault and robbery merge.
■ Not much modern statutory changes.
■ Some jurisdictions have divided it into degrees, usually dependent upon
whether the actor is using a weapon.
Document Summary
Common law: the breaking and entering of the dwelling house of another in the nighttime with the intent to commit a felony or larceny inside. Entering: any crossing of the plane of that home. Dwelling: any place customarily used for sleeping. Nighttime: when the villain"s features couldn"t be made out through natural light. Some have created degrees, the highest of which deals with a dwelling. Most jurisdictions have done away with the nighttime requirements. There is a split of authority over whether there has to be intent at the time of entry. It is an affirmative defense to prosecution for burglary that the building or structure was abandoned. Common law: the malicious burning of the dwelling house of another. Burning: if any part of the structure is burnt or charred. Burning of one"s own property if done for insurance fraud.
