- 1. Breaking
- 2. And entering
- 3. Dwelling
- 4. Of another
- 5. In the nighttime
- 6. Intent to commit a felony (or larceny in CA)
- 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)
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.