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Burglary (Cal.)

Burglary (Cal.). NATURE OF CONDUCT : enters house, room apartment or other building with intent to commit grand/petit larceny or any felony  AC : (burg 1) inhabited dwelling house  RESULT : D. enters or remains in a building. MENS REA : intent. MPC 2.02(3).

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Burglary (Cal.)

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  1. Burglary (Cal.) • NATURE OF CONDUCT: enters house, room apartment or other building with intent to commit grand/petit larceny or any felony  • AC: (burg 1) inhabited dwelling house  • RESULT: D. enters or remains in a building. • MENS REA: intent

  2. MPC 2.02(3) Culpability Required Unless Otherwise Provided. When the culpability sufficient to establish a material element of an offense is not prescribed by law, such element is established if a person acts purposely, knowingly or recklessly with respect thereto.

  3. Destruction of Property (D.C.) • NATURE OF CONDUCT: Maliciously cutting down or destroying by girding or otherwise any standing or growing vine, bush, shrub, sapling or tree on the land of another. • AC: at least $50.  • RESULT: destruction of property. • MENS REA: maliciously

  4. Destruction of Property (N.Y.) • NATURE OF CONDUCT: intentionally damaging property which he has no right to damage nor any reasonable grounds to believe he has right to damage. • AC: exceeds $1500.  • RESULT: destruction of property. • MENS REA: intentionally & reasonable

  5. MPC Rules of Statutory Interpretation • 2.02(1): Crimes require mens rea of negligence, at minimum. • 2.02(2): Definitions of mens rea. • 2.02(3): If a statute is silent as to mens rea, minimum requirement is recklessness • 2.02(4): If a statute specifies a mens rea, it applies to all material elements, unless a contrary purpose plainly appears. • 2.02(5): Pyramid

  6. Specific Intent v. General Intent • Crimes that require a special mental element above and beyond any mental state required with respect to the actus reus of the crime. • Burglary: entering or remaining unlawfully with the intent to commit a crime. • Crimes that require the mens rea of knowledge or intent rather than recklessness or negligence.

  7. Mistake of Fact • Look at statute – list out the material elements of the crime. • What mens rea is set forth in the statute? • What elements does mens rea apply to? • Does the mistake of fact “negative” the requisite mens rea? (i.e. is the mistake relevant to the requisite mens rea?)

  8. Prince • NATURE OF CONDUCT: Unlawfully taking a girl: • out out the possession and • against the will of her father etc. • AC: under 16, unmarried • RESULT: girl taken out of possession • MENS REA: none in statute Knowledge (acting without parents’ consent)

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