FYLSX FYLSX - Baby Bar Property Crimes 2 — Questions and Answers
Question 1: At common law, burglary is defined as the breaking and entering of the dwelling house of another at nighttime with the intent to commit a felony therein. Which element is NOT satisfied if the defendant enters through an already-open door?
- Entering
- Breaking (Correct answer)
- Dwelling house of another
- Nighttime
Correct answer: Breaking
Common law requires a 'breaking' — actual or constructive — and entering through an already-open door involves no breaking, though constructive breaking (e.g., fraud) may apply.
Question 2: Dan enters a house at 2 a.m. through an open window intending to steal a TV. After entering, he changes his mind and leaves without taking anything. Under common law, is Dan guilty of burglary?
- No, because he did not complete the intended felony inside
- Yes, because he had the intent to commit a felony at the time of entry (Correct answer)
- No, because nighttime entry through an open window is not a 'breaking'
- Yes, but only if the value of the TV exceeded $400
Correct answer: Yes, because he had the intent to commit a felony at the time of entry
Common law burglary is complete upon entry with the required intent; the intended felony need not be completed — abandonment inside does not negate the already-completed burglary.
Question 3: Modern statutes have expanded common law burglary in several ways. Which of the following is a common modern-law expansion?
- Requiring that only dwelling houses be covered
- Eliminating the nighttime requirement and including non-dwelling structures (Correct answer)
- Requiring actual completion of the underlying felony
- Limiting burglary to breaking and entering only
Correct answer: Eliminating the nighttime requirement and including non-dwelling structures
Modern burglary statutes typically eliminate the nighttime requirement and extend coverage to any structure (not just dwellings), including stores and vehicles.
Question 4: Common law arson is best defined as:
- The intentional destruction of any property by fire
- The malicious burning of the dwelling house of another (Correct answer)
- The setting of fire to any building with intent to defraud
- The burning of personal property belonging to another
Correct answer: The malicious burning of the dwelling house of another
Common law arson is the malicious burning of the dwelling house of another; it does not cover all structures or property.
Question 5: Dave intentionally burns down his own home to collect insurance money. Under common law, has Dave committed arson?
- Yes, because he caused a fire intentionally
- No, because common law arson requires burning another's dwelling (Correct answer)
- Yes, because insurance fraud is an element of arson
- No, because arson requires nighttime burning
Correct answer: No, because common law arson requires burning another's dwelling
Common law arson requires burning the dwelling house of *another*, so burning one's own home is not common law arson (though modern statutes often criminalize it separately).
Question 6: What is 'constructive breaking' in the context of common law burglary?
- Breaking a window with a tool rather than the hand
- Gaining entry through fraud or threat rather than physical force (Correct answer)
- Breaking into a structure at nighttime only
- Using a key found outside the dwelling
Correct answer: Gaining entry through fraud or threat rather than physical force
Constructive breaking occurs when the defendant gains entry through fraud, threats, or intimidation rather than actual physical force, satisfying the 'breaking' element.
FYLSX FYLSX - Baby Bar Property Crimes 2
At common law, burglary is defined as the breaking and entering of the dwelling house of another at nighttime with the intent to commit a felony therein.
Which element is NOT satisfied if the defendant enters through an already-open door?