Common Law Elements:
  • 1. Breaking
  • 2. And entering
  • 3. Dwelling
  • 4. Of another
  • 5. In the nighttime
  • 6. Intent to commit a felony (or larceny in CA)
Modern Elements:
  • 1. Unauthorized entering
  • 2. Of a building or structure
    • In CA: "dwelling" makes it 1st degree
  • 3. With the intent to commit any crime (felony/larceny in CA)
MPC Elements:
o 1. Trespassory entering (not into a shop, for example)
o 2. Intent to commit any crime

People v. Gauze
  • Roommates sharing apartment
  • Can one be guilty of burglarizing own home?
    • Not the "dwelling of another," so no "breaking," not at night....
    • BUT modern statutes have changed these elements to some extent.
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