California First-Year Law Students' Exam (Baby Bar) — MCCriminal LawMedium
A client, a frustrated homeowner, discovers several valuable antique garden gnomes missing from his yard. Believing his mischievous neighbor, known for pranks, took them, the homeowner sneaks into the neighbor's unlocked shed late at night to retrieve what he believes are his gnomes. He finds several gnomes that look identical to his, takes them, and returns home. It is later discovered that the gnomes he took were, in fact, the neighbor's identical gnomes, not his own. Which of the following crimes, if any, has the homeowner committed?
- ALarceny, because he took property from another with the intent to permanently deprive.
- BBurglary, because he entered the shed with the intent to commit a felony therein.
- CTrespass, because he entered the neighbor's property without permission.
- DNo crime, due to a mistake of fact negating the intent element.
Show answer & explanationAnswer & explanation
Correct answer: B. Burglary, because he entered the shed with the intent to commit a felony therein.
The homeowner committed burglary because he entered the neighbor's shed (a structure) with the intent to commit a felony (larceny) inside. His mistake of fact regarding ownership does not negate the intent to commit a taking, which would be larceny if the property was not his.
Why the other options are wrong
- A. Larceny requires the taking of *another's* property. Here, he *intended* to take his own, even though he factually took the neighbor's. While he did take the neighbor's property, his intent was to retrieve his own, which complicates the larceny charge. However, the intent to commit a felony (larceny) for burglary is met.
- C. Trespass is a lesser offense, but the homeowner's actions go beyond simple trespass due to the intent to commit a felony inside the shed.
- D. The mistake of fact (believing the gnomes were his) negates the specific intent for larceny (intent to permanently deprive *another* of property). However, burglary only requires the intent to commit a felony *within* the structure, not necessarily that the felony itself be successfully committed or free from defenses.
Burglary (Common Law)
The breaking and entering of the dwelling of another at night with the intent to commit a felony therein.
- Requires breaking and entering.
- Must be a dwelling of another.
- Must occur at night.
- Requires specific intent to commit a felony inside.
Memory trick: Break Night Dwelling Felony