1 Book Cover Here Copyright © 2010, Elsevier Inc. All rights Reserved Chapter 7 Offenses Against Property— Destruction and Intrusion Offenses Criminal Law Ninth Edition

2 Copyright © 2010, Elsevier Inc. All rights Reserved Arson Common Law Arson at common law was considered to be a heinous felony punishable by death. Elements of common law arson Burning; A dwelling house (or any building within the curtilage); Of another person; Maliciously. 7.2

3 Arson Model Penal Code Arson is enlarged to include exploding as well as burning and buildings other than dwellings. Graded partly according to the kind of property destroyed or imperiled and party according to the danger to persons. Arson occurs when a person starts a fire or causes an explosion, either to destroy a building or occupied structure of another, or his or her own or another’s property to collect insurance for such loss. Copyright © 2010, Elsevier Inc. All rights Reserved 7.2

4 Arson State Statutes, Codes, and Cases Most state statutes protect property other than dwellings and provide a penalty for burning of property that was not within common law mens rea requirements. All states except Maine now grade arson by severity. These statutes establish degrees of arson determined by: The value of the property, The use of property, such as a dwelling house, and Whether the place is inhabited Level of mens rea. Copyright © 2010, Elsevier Inc. All rights Reserved 7.2

5 Arson A/R Setting fire to; dwelling; of another M/R Malicious (intentional) Copyright © 2010, Elsevier Inc. All rights Reserved 7.2

6 Malicious Mischief Common Law Elements of the Crime Malice Injury or destruction Property of another Copyright © 2010, Elsevier Inc. All rights Reserved 7.3

7 Malicious Mischief Model Penal Code A purposeful or reckless damage to the tangible property of another, as well as negligent damage caused by dangerous instrumentalities. Expands the traditional offense to include tampering with another’s property so as to endanger the person or property. Adds a penalty for purposely or recklessly damaging personal property and causing another to suffer pecuniary loss by deception or threat. Copyright © 2010, Elsevier Inc. All rights Reserved 7.3

8 Malicious Mischief State Statutes, Codes, and Cases Malice Injury or Destruction Property of Another Related Statutes Vandalism Willful and malicious acts committed with the intent to damage or destroy property of another. Copyright © 2010, Elsevier Inc. All rights Reserved 7.3

9 Malicious Mischief Malicious Mischief (Criminal Mischief) A/R Injury or destruction; of property; of another M/R Malicious (knowing) Copyright © 2010, Elsevier Inc. All rights Reserved 7.3

10 Trespass (Criminal Trespass) Common Law Trespass referred to the remedy, not the offense. An action of trespass was the proper remedy to recover damages when the injury consisted of damage to personal property or real property. Copyright © 2010, Elsevier Inc. All rights Reserved 7.4

11 Trespass (Criminal Trespass) Model Penal Code The prosecution must first show that the actor knowingly intruded into a place where he knew he was not licensed or privileged to be. Aggravated if committed at night. If at night it is a misdemeanor, while at other times it is a petty misdemeanor. Copyright © 2010, Elsevier Inc. All rights Reserved 7.4

12 Trespass (Criminal Trespass) State Statutes, Codes, and Cases Criminal trespass usually covers only impermissible entries into a structure or premises. During the 1960s and early 1970s, many trespassing statutes were found to be unconstitutional as conflicting with the 1 st Amendment when they were applied to public buildings. Hudgens v. National Labor Relations Board The Supreme Court decided that shopping center owners are not constitutionally compelled to allow the use of property for demonstrations by members of the public. The courts now agree that private property is not constitutionally available for picketing, handbilling, marching, and other such activities unless the owner is willing to voluntarily submit to this one. Copyright © 2010, Elsevier Inc. All rights Reserved 7.4

13 Trespass (Criminal Trespass) Trespass A/R Entry onto property (land or building); owned by another; without consent M/R Knowing Copyright © 2010, Elsevier Inc. All rights Reserved 7.4

14 Breaking and Entering Common Law There was no separate crime of breaking and entering under common law. The elements were part of the actus reus of burglary, or the act might have been punished under trespass. Copyright © 2010, Elsevier Inc. All rights Reserved 7.5

15 Breaking and Entering Model Penal Code Does not have a separate crime defined as breaking and entering. Trespass covers the circumstances in which an offender enters the home or building of another, knowing they do not have permission to do so. Copyright © 2010, Elsevier Inc. All rights Reserved 7.5

16 Breaking and Entering State Statutes, Codes, and Cases All of the states have enacted legislation to provide punishment for offenses that do not meet the definition of common law burglary. Some statutes provide a penalty for breaking and entering, which is considered more serious than simple trespass but less serious than burglary. Copyright © 2010, Elsevier Inc. All rights Reserved 7.5

17 Breaking and Entering State Statutes, Codes, and Cases The rationale of having a breaking and entering crime separate from burglary and separate from trespass is that trespass is often a misdemeanor and covers entry onto land, and entry or remaining in a building without any degree of force required to enter. Breaking and entering implies a greater property intrusion. It covers situations in which the offender took steps to actually break through the property’s boundary protections. Copyright © 2010, Elsevier Inc. All rights Reserved 7.5

18 Breaking and Entering A/R Breaking and entering; of a building; of another M/R General intent Copyright © 2010, Elsevier Inc. All rights Reserved 7.5

19 Burglary Common Law A crime of burglary was an offense against the habitation. Essential Elements A breaking; And entry; Of a dwelling house; Of another; In the nighttime; With the intent to commit a felony therein. Copyright © 2010, Elsevier Inc. All rights Reserved 7.6

20 Burglary Model Penal Code A person is guilty of burglary if he enters a building or occupied structure, or separately secured or occupied portion thereof, with purpose to commit a crime therein, unless the premises are at the time open to the public or the actor is licensed or privileged to enter. A felony of the second degree, if it is perpetrated in the dwelling of another at night, otherwise it is a felony of the third degree. Copyright © 2010, Elsevier Inc. All rights Reserved 7.6

21 Burglary State Statutes, Codes, and Cases State statutes follow the Model Penal Code and are not too different from the common law except that they are more inclusive of the types of offenses that could be covered under a burglary definition. Copyright © 2010, Elsevier Inc. All rights Reserved 7.6

22 Burglary State Statutes, Codes, and Cases Breaking In a number of states, the necessity for breaking. Entry In New York and other states, the statute also provides a penalty for one who remains unlawfully on the premises as well as for one who enters unlawfully. Dwelling House Statutes enlarged the scope of the dwelling requirement to include businesses and other buildings, warehouses, shops, offices, barns, and stables. Copyright © 2010, Elsevier Inc. All rights Reserved 7.6

23 Burglary State Statutes, Codes, and Cases Of Another Modern statutes are interpreted in the same way as the common law. In the Nighttime In almost all states, statutes have been enacted to punish those who commit the act in the daytime. With Intent to Commit Felony (or Crime) Inside In some states, the intent to commit a felony is not required. Copyright © 2010, Elsevier Inc. All rights Reserved 7.6

24 Burglary A/R Breaking and entering (or remaining in; and sometimes no breaking); of a dwelling or building; of another; with intent to commit a felony (or crime) inside M/R Specific intent Copyright © 2010, Elsevier Inc. All rights Reserved 7.6

25 Causing or Risking Catastrophe Model Penal Code Defines as criminal behavior that which causes or has a high likelihood of causing a catastrophe. Divided into two categories Causing catastrophe Risking catastrophe Mens Rea Intentional, knowing, reckless Copyright © 2010, Elsevier Inc. All rights Reserved 7.7

26 Causing or Risking Catastrophe State Statutes, Codes, and Cases Several states have statutes similar to the Model Penal Code the provide a penalty for the specific wrong of causing or risking a catastrophe. Copyright © 2010, Elsevier Inc. All rights Reserved 7.7

27 Causing or Risking Catastrophe A/R Cause or risk catastrophe by explosion, fire, flood, avalanche, collapse of a building, release of poisonous gas, radioactive material, or other harmful force or substance M/R Purposely, knowingly, recklessly Copyright © 2010, Elsevier Inc. All rights Reserved 7.7