California First-Year Law Students' Exam (Baby Bar) — MCCriminal LawMedium
A homeowner, returning from vacation, discovers his house has been ransacked. A neighbor's security camera footage shows a masked individual forcing open a window and entering the home in the middle of the night. The individual leaves shortly after, carrying a small bag. Which of the following elements of common law burglary is NOT clearly established by these facts?
- AIntent to commit a felony therein
- BEntering
- CBreaking
- DDwelling of another
Show answer & explanationAnswer & explanation
Correct answer: A. Intent to commit a felony therein
Common law burglary requires proof of an intent to commit a felony (or larceny) inside the dwelling at the time of the breaking and entering. While the individual left with a bag, which strongly suggests larceny, the facts provided do not explicitly state what the individual intended to do or actually did inside the house, only that they entered and left with a bag. Without a clear statement of intent to commit a felony, this element is not 'clearly established' by the given facts.
Why the other options are wrong
- B. Entering the home after forcing the window clearly establishes 'entering'.
- C. Forcing open a window clearly constitutes a 'breaking' for burglary.
- D. The homeowner's house, while he was on vacation, is still considered the 'dwelling of another'.
Burglary (Common Law)
The breaking and entering of the dwelling of another at night with the intent to commit a felony therein.
- Breaking: creating an opening or enlarging one
- Entering: any part of the body crosses the threshold
- Dwelling of another: a human habitation
- Nighttime: between sunset and sunrise
- Intent to commit a felony (or larceny) inside
Memory trick: Burglary's old code: break, enter, intent, at night, in a home.