 Re: Criminal Law case
You are correct intent is difficult to prove if I am invited, but that does not detract from whether or not technically a burglary is committed. Here's an example.
Based on your position that permission is an element, then a person who enters a mall during open business hours with the intent to shoplift can not commit burglary. In California (and I suspect many other states, but I do not have independent knowlege of it) the person can. Here's how you prove intent. Some shoplifters carry devices such as store bags folded up in their pockets to place merchandise into and leave giving the appearance they paid for it; another device is a wrapped box that appears to have been wrapped by a department store, but this box is empty and contains a trap door activated by spring. The suspect then walks around the store gather up merchandise and slipping inside the box through the spring rigged door. Does this make better sense? |