Question

List and compare the elements of both common law and modern law versions of the crime of burglary.

Answer 1

Burglary's activity has been around for decades. This originally developed under common law, but states have adopted in their penal codes the basic idea of burglary, albeit with some minor modifications. For example, the crime had to take place in another's dwelling house at night under the common law definition of burglary. Many states later extended the burglary concept to include businesses and unauthorized entries throughout the day. Burglary laws have been designed to protect the homes of people and prevent violence, not to protect them from theft. Rather, burglary laws are meant to protect the sanctity of a house and safeguard people from adverse interactions with burglars in their home.

Under the modern definition, if individuals break into almost any type of building or structure as long as it meets certain criteria, they commit a burglary. Generally states require either housing people or animals, or sheltering land, to be capable of the structure. Under this description, houses certainly qualify, as do their exterior structures, such as garages and sheds. Even eligible for stores and office buildings. Nonetheless, it may not be possible to break into a fenced-off zone, as such areas usually do not serve as shelters for people, animals or properties.

In assessing the degree of a burglary charge, the timing of intent may be significant. Of example, if a person planned to commit the crime before breaking into the house, many states will find it a first-degree burglary (more serious). If the person broke into a building and developed the intention to commit a crime only afterwards, most states would classify the burglary as a second degree.