Which set of elements correctly describes common law burglary?

Which set of elements correctly describes common law burglary?

• A. Break; Entry; Dwelling; At night; Specific intent to commit felony
• B. Break; Entry; Car; Night
• C. Break; Entry; Dwelling; Daytime; No intent
• D. Break; Entry; Non-dwelling; At night; Specific intent to commit felony

Answer: (A)

Common law burglary is defined by five elements: breaking, entry, dwelling, at night, and intent to commit a felony. The break covers using force or creating an opening to gain entry. Entry means entering the structure by any part of the body or an instrument. Dwelling refers to a residence, not a car or warehouse. The nighttime requirement reflects the traditional rule that burglaries occur under cover of darkness. The intent must be to commit a felony at the time of entry (the felony can be any felony, not necessarily the one actually carried out). This combination is what distinguishes burglary from simple trespass or other offenses. The other sets fail because they replace or omit one of these essential elements: a non-dwelling (like a car) isn’t the target of common-law burglary; daytime entry or no criminal intent contradicts the required mens rea and timing; and a non-dwelling with nighttime and intent still misses the dwelling element.

Common law burglary is defined by five elements: breaking, entry, dwelling, at night, and intent to commit a felony. The break covers using force or creating an opening to gain entry. Entry means entering the structure by any part of the body or an instrument. Dwelling refers to a residence, not a car or warehouse. The nighttime requirement reflects the traditional rule that burglaries occur under cover of darkness. The intent must be to commit a felony at the time of entry (the felony can be any felony, not necessarily the one actually carried out). This combination is what distinguishes burglary from simple trespass or other offenses.

The other sets fail because they replace or omit one of these essential elements: a non-dwelling (like a car) isn’t the target of common-law burglary; daytime entry or no criminal intent contradicts the required mens rea and timing; and a non-dwelling with nighttime and intent still misses the dwelling element.