CHAPTER ELEVEN

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CHAPTER ELEVEN

• CRIMES AGAINST HABITATION BURGLARY AND ARSON

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Burglary

• Common law elements
• Breaking and entering
• Dwelling
• At night
• Intent to commit felony inside the dwelling
• Modern statutes
• Added remain unlawfully
• Included daytime burglaries
• Added other structures
• Didnt have to be a felony

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Burglary

• What constitutes breaking and entering
• Unprivileged entry
• Structure v. dwelling
• State v. Burns
• Jewell v. State

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Burglary

• Reasons for nighttime requirement
• Easier to commit crimes at night
• Harder to ID suspects
• Victim more likely present
• Do you have to attempt or complete the crime
  intended?

5
Arson

• Common law rule
• Modern law includes
• Simply starting the fire
• Smoke damage
• Includes explosives

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Arson

• Williams v. State
• Mens rea
• Common lawmaliciously and willfully
• Modern lawintent to start the fire
• What property is included?
• Degrees of arson
• 1st degreeoccupied structures
• 2nd degreeunoccupied structures
• 3rd degreepersonal property

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CRIMES AGAINST HABITATION BURGLARY AND ARSON

• END CHAPTER ELEVEN