As the world evolved, so too did the understanding and approach towards criminal offenses like burglary. While the common law provided a foundational framework, it was clear that societal changes demanded an update to the legal definitions and handling of such crimes. This is where statutory modifications come into play, serving as a bridge between traditional legal doctrine and contemporary societal needs.
Statutory modifications to the common law definition of burglary reflect a conscious effort to address the limitations and inadequacies of the older legal framework. These modifications broaden the scope of what constitutes burglary, taking into account various types of properties and circumstances that were previously overlooked. They recognize the complexities of modern life, where the line between different types of properties is blurred and the risks associated with unlawful entry are not confined to the cover of night. Additionally, these modifications often encompass a wider range of intentions behind the unlawful entry, rather than limiting it to the intent to commit a felony.
In understanding the trajectory of these changes, the Model Penal Code (MPC) stands out as particularly instructive. The MPC offers a refined definition of burglary that encapsulates the essence of statutory modifications. It extends the protection of the law to a broader range of properties and scenarios, removes the restrictive night-time condition, and recognizes a variety of criminal intents. Through these adjustments, the MPC not only addresses the gaps in common law but also sets a precedent for modern legal interpretations and applications of burglary laws. This shift underscores a broader legal evolution, moving towards a more inclusive, practical, and socially responsive legal system.
The Model Penal Code’s Definition of Burglary
The Model Penal Code (MPC) offers a modern take on the crime of burglary, significantly diverging from its common law origins. According to the MPC, burglary is defined as entering a building or occupied structure, or separately secured or occupied portion thereof, with the purpose to commit a crime therein, unless the premises are at the time open to the public or the actor is licensed or privileged to enter. (MPC § 221.1).
This definition expands the scope of burglary in several ways:
- Types of Structures: Unlike common law, which limited burglary to dwellings, the MPC includes any building or occupied structure, acknowledging that unlawful entry into any property deserves legal attention.
- Time of Day: The MPC removes the common law’s restriction of burglary to nighttime, recognizing that the harm caused by unlawful entry and intent to commit a crime is not dependent on the time of day.
- Intent: Similar to common law, the MPC maintains that the intent to commit a crime inside is crucial. However, it broadens this to include any crime, not just felonies.
Modern Differences: MPC vs. Common Law
Scope of Protected Structures
The transition from the common law to the Model Penal Code’s (MPC) definition of burglary represents a significant leap in the legal understanding of this offense, particularly noticeable in the scope of protected structures. While common law was rigid, limiting the definition of burglary to the unlawful entry into a dwelling, the MPC takes a more inclusive stance. By extending its protection to any building or occupied structure, the MPC acknowledges the reality of modern society where value and vulnerability extend beyond residential properties. This expansion reflects a nuanced understanding of property rights and the diverse settings where unlawful entry can cause harm. This approach doesn’t just adapt to the changing landscape of urban development; it anticipates the evolving ways in which property is used and valued, thereby offering a more comprehensive shield against intrusions.
Time Constraints
Another pivotal shift in the definition of burglary under the MPC is the elimination of time constraints. Common law confined the crime of burglary to nocturnal hours, a limitation that seems arbitrary in today’s 24-hour society. The MPC recognizes that the potential harms associated with burglary—such as property damage, theft, or even personal violence—aren’t confined to the cloak of night. By removing the night-time requirement, the MPC acknowledges that the threat to personal safety and property exists around the clock. This change not only reflects a more realistic appraisal of when crimes can occur but also ensures that legal protection isn’t time-bound. It’s a clear response to the demands of a society where the concept of time has evolved, and risks are not constrained by the rise and fall of the sun.
Type of Intended Crime
In shifting from common law to the MPC, one of the most impactful changes is the broadening of the intent element to include any crime, not just felonies. This modification reflects a more comprehensive approach to preventing harm. Under common law, the intent to commit a felony was a necessary component of burglary, which left a gap in addressing situations where the intended crime might be less severe but still harmful. The MPC, by encompassing any criminal intent within its definition, closes this gap. This change is particularly significant in a modern context, where a variety of criminal activities, not all rising to the level of felonies, can occur upon unlawful entry. By considering the full spectrum of potential criminal intents, the MPC offers a more robust and proactive stance against the diverse ways in which burglary can manifest and cause harm in contemporary society.
Defenses Under the Model Penal Code
The MPC acknowledges certain defenses against burglary charges. For instance, if the premises were open to the public at the time of entry or if the actor had a legitimate license or privilege to enter, these circumstances could serve as valid defenses. Additionally, if the intended crime was not prosecutable (e.g., due to a lack of criminal intent or incapacity), it may negate the required element of intent to commit a crime.
Elements of Burglary
- Mens Rea (Intent): The intent to commit any crime within the structure at the time of entry.
- Actus Reus (Action): The act of entering a building or occupied structure.
- Concurrence: The intent and act must coincide; the intent to commit a crime must exist at the time of entry.
- Attendant Circumstances: The building or structure should not be open to the public, and the actor should not have the privilege to enter.
Modification History File Created: 07/17/2018 Last Modified: 10/30/2023
This work is licensed under an Open Educational Resource-Quality Master Source (OER-QMS) License.
