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Common Law Crimes: Burglary and Arson Elements and Penalties, Study notes of Law

Royal Academy of Music, University of London Law

The common law elements and modern rules for the crimes of burglary and arson, including penalties and degrees of offenses in various jurisdictions. It covers the requirements for breaking and entering a dwelling, intent to commit a felony, and the malicious burning of a dwelling, as well as the consequences of armed burglaries and trespassing.

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Burglary –Common Law

Elements:

(1) Breaking (by actual or constructive force; and need not

actually cause damage) and

(2) Entering (any degree of entry (actual or constructive) is

sufficient) the

(3) dwelling of another

(4) at night, with the

(5) intent to commit a felony (e.g. theft) therein

Common Law Crimes: Burglary and Arson Elements and Penalties, Study notes of Law

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Burglary – Common Law

Elements:

(1) Breaking (by actual or constructive force; and need not

actually cause damage) and

(2) Entering (any degree of entry (actual or constructive) is

sufficient) the

(3) dwelling of another

(4) at night, with the

(5) intent to commit a felony (e.g. theft) therein

Burglary – Modern Example - Illinois

 Burglary: (class 2 felony)

(1) Knowingly entering or remaining

(2) In any building or vehicle that does not belong to the defendant

(3) With the intent to commit a felony or theft therein

 Class 1 felony if:

The burglary is of a school OR residence

 Criminal Trespass:

o Knowingly entering or remaining on someone else’s property or

vehicle (without intending to commit a crime. (Misdemeanor)

o Criminal Trespass of a dwelling that the defendant knew or should

have known is inhabited by one or more people is a class 4 felony.

Some jurisdictions also increase the grade of felony if the defendant is armed

and/or injures the inhabitants etc.

Arson – Modern Rules

 Modern statutes have eliminated most of the elements

o General intent (no malice required)

o No requirement of dwelling, or even building

o Can be one’s own house (e.g. for insurance collection

purposes)

QUIZ TIME