Exam 12: Burglary, Trespass, Arson, and Mischief

Jenny and her friends decide it will be fun to burn down an abandoned building. One Friday evening, they arrive at the building, pour gasoline in and around the property, and set the building on fire. The fire spreads to a nearby home, killing two children inside. Jenny and her friends are arrested. With what crime will Jenny and her friends be charged? Will the prosecutor be successful in arguing that this is an aggravated offense? Why or why not?

The intent standard for burglary has been broadened under statutes to include any offense or a felony or misdemeanor theft.

When an individual knowingly enters or remains on the premises after receiving notice that he or she is trespassing it is referred to as ______.

Tyson was in the process of having his dream home built. He waited his entire life to save the kind of money it took to buy property and design a home. Unfortunately, there was a fire at the construction site overnight. There were no workers present. It is suspected that some drifters saw the location as temporary shelter as they were passing through the area. They likely build a fire to stay warm and left without putting the fire out. If this theory is correct, can the individuals who started the fire be charged with arson under the common law standards?

At common law, what must occur in a structure in order for it to be considered a dwelling for purposes of burglary?

An entry only requires that a portion of an individual's body enters the dwelling.

Which example of trespassing would carry the most severe sentence?

______ trespass is the unauthorized entry or remaining on the land or premises of another.

Malicious mischief under most statutes is a ______ and the punishment is reduced or increased based on the dollar amount of the damage.

Statutes typically decrease the penalty for crimes against habitation.

The mens rea for criminal mischief is which of the following?

All of the following are considered to be a grading of arson EXCEPT ______.

All of the following are considered to be degrees of trespassing EXCEPT ______.

The burning of a dwelling is referred to as ______.

According to common law, a dwelling is a structure that may be used for purposes including, but not limited to, sleeping.

Dwelling of another relies on ______.

Jamie invited her friend Tabitha to come apartment sit while she and her boyfriend went away for the weekend. Jamie told Tabitha she would leave the apartment unlocked and to arrive sometime before Friday night. Tabitha had never been to Jamie's apartment but had the address written down. If Tabitha enters the wrong apartment mistakenly and spends the night there without the consent of the legal occupant, what crime may she be charged with?

Common law ______ is defined as the willful and malicious burning of the dwelling of another.

______ is defined as the "consuming of the material" of the house.

Because breaking and entering at night is an aggravated form of burglary statutes attempt to define nighttime. Which of the following statements correctly states the typical rule?