Burglary and Arson Laws: Common Law vs. Modern Rules
Burglary – Common Law
Elements:
(1)
Breaking
(by actual or constructive force; and need not
actually cause damage) and
(2)
Entering
(actual or constructive) an degree of entry is
sufficient) of 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 of a
residence
Criminal Trespass:
o
Knowingly entering or remaining on someone else’s property or
vehicle (without an intent 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 – Common Law
Elements:
(1)
The
malicious
(2)
burning
(damage is required)
(3)
of the
dwelling
(4)
of
another
(5)
by
fire
(or explosion)
Arson – Modern Rules
Modern statutes have eliminated most of the elements
o
General intent (no malice required)
o
Water is also good enough
o
No requirement of dwelling, or even building
o
Can be one’s own house (e.g. for insurance collection
purposes)
QUIZ TIME
Arson – Modern Example – Rhode Island
(minimum-maximum sentence in parentheses)
7
th
degree: public unauthorized bonfire
(fine of $100)
6
th
degree: destruction of woodlands by fire
(0-2 years)
5
th
degree: destruction of property by fire or explosion
(1-2 years)
4
th
degree: destruction of property worth more than $100
by fire or explosion
(1-3 years)
3
rd
degree: destroying property by fire with intent to defraud
an insurance company
(2-20 years)
2
nd
degree: destroying an unoccupied building or structure by
fire or explosion
(2-20 years)
1
st
degree destroying an occupied building or residence (or one
that was recently occupied) by fire or explosion
(5 years - life)
If someone dies in a fire set by a 3
rd
degree or higher arson,
sentence
must be
at least 20 years.
Burglary and arson laws have evolved from common law principles to modern statutes. In common law, burglary involves breaking and entering a dwelling at night with intent to commit a felony, while arson requires malicious burning of another's dwelling. Modern laws may vary, eliminating some elements like intent requirement in arson. Different degrees of offenses exist, with varying penalties based on the severity of the crime. Stay informed about the distinctions between common law and modern rules to understand the legal implications of burglary and arson offenses.
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Presentation Transcript
Burglary Common Law Elements: (1) Breaking (by actual or constructive force; and need not actually cause damage) and (2) Entering (actual or constructive) an degree of entry is sufficient) of 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 of a residence Criminal Trespass: o Knowingly entering or remaining on someone else s property or vehicle (without an intent 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 Common Law Elements: (1) The malicious (2) burning (damage is required) (3) of the dwelling (4) of another (5) by fire (or explosion)
Arson Modern Rules Modern statutes have eliminated most of the elements oGeneral intent (no malice required) oWater is also good enough oNo requirement of dwelling, or even building oCan be one s own house (e.g. for insurance collection purposes)
Arson Modern Example Rhode Island (minimum-maximum sentence in parentheses) 7thdegree: public unauthorized bonfire 6thdegree: destruction of woodlands by fire 5thdegree: destruction of property by fire or explosion 4thdegree: destruction of property worth more than $100 by fire or explosion 3rddegree: destroying property by fire with intent to defraud an insurance company 2nddegree: destroying an unoccupied building or structure by fire or explosion 1stdegree destroying an occupied building or residence (or one that was recently occupied) by fire or explosion (fine of $100) (0-2 years) (1-2 years) (1-3 years) (2-20 years) (2-20 years) (5 years - life) If someone dies in a fire set by a 3rddegree or higher arson, sentence must be at least 20 years.
