Question

What were the common law elements of burglary and what are the elements of burglary in...

What were the common law elements of burglary and what are the elements of burglary in modern law and what changes were made?

Homework Answers

Answer #1

Following were the common law elements of burglary:

1. Breaking and entering in the dwelling house of another person

2. Crime happening at night.

Elements of burglary in modern law:

  1. Breaking and Entering: An unauthorized breaking and entry
  2. Building or Occupied Structure: Breaking and entry a building or occupied structure
  3. Intent: The intent to commit a crime inside.

What changes were made?

Under the common law definition of burglary, the crime had to take place in the dwelling house of another at night. But modern law has changed and broadened the definition of burglary to include businesses and illegal entries during the day also.

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