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pm01 · 06-03-2007, 12:37 AM

In which state does burglary contain the elements of "breaking and entering"?

Actually in California he did commit burglary.

Burglary is:

1. Any person
2. who enters any (qualified) structure (not all structures qualify such as a phone booth, but most do)
3. with the intent PRIOR to entering
4. to commit ANY theft or ANY felony.

The value of the property taken does not matter, nor does the crime require asportation. The crime was complete at the moment he crossed the threshhold to enter the dwelling.

Likewise, if Litton decides to enter Mia's house to rape her, the moment he crosses the threshhold he has committed a burglary. He commits a burglary even if Mia invites Litton to her home as long as he had the intent prior to entering to commit any theft or any felonly.

If a boy decides to enter a 7-11 to shoplift a 5 cent package of gum, once the boy enters the building he commited a burglary.

Taking it a step farther, Litton trains his dog to recognize the diamond and the dog jumps in the window and snatches it up in his mouth and returns it to Litton, or better yet, Litton uses a fishing pole to cast a hook in through her window and snags the diamond and reels it back to himself. In both examples Litton committed burglary due to his "constructed" presence in the house by virtue of his dog or fishing lure.

Now I'm interested in hearing the new twist you are ready to drop. You aren't going to say it is actually a robbery are you?

06-03-2007, 12:37 AM	#2 (permalink)
pm01 AA Join Date: May 2007 Posts: 630 Tournaments Joined: 0 Tournament Wins: 0	Re: Criminal Law case In which state does burglary contain the elements of "breaking and entering"? Actually in California he did commit burglary. Burglary is: 1. Any person 2. who enters any (qualified) structure (not all structures qualify such as a phone booth, but most do) 3. with the intent PRIOR to entering 4. to commit ANY theft or ANY felony. The value of the property taken does not matter, nor does the crime require asportation. The crime was complete at the moment he crossed the threshhold to enter the dwelling. Likewise, if Litton decides to enter Mia's house to rape her, the moment he crosses the threshhold he has committed a burglary. He commits a burglary even if Mia invites Litton to her home as long as he had the intent prior to entering to commit any theft or any felonly. If a boy decides to enter a 7-11 to shoplift a 5 cent package of gum, once the boy enters the building he commited a burglary. Taking it a step farther, Litton trains his dog to recognize the diamond and the dog jumps in the window and snatches it up in his mouth and returns it to Litton, or better yet, Litton uses a fishing pole to cast a hook in through her window and snags the diamond and reels it back to himself. In both examples Litton committed burglary due to his "constructed" presence in the house by virtue of his dog or fishing lure. Now I'm interested in hearing the new twist you are ready to drop. You aren't going to say it is actually a robbery are you? Last edited by pm01; 06-03-2007 at 12:42 AM..