Crime Against Property: Burglary
Abstract
Burglary also referred to as breaking and entry or housebreaking, remains a crime faced in the modern world despite having its origins in the past five centuries. Burglary laws were developed in common law, with Lord Cocke defining and introducing six elements to prove its existence. However, various states, including Florida, expanded this scope of burglary to include various elements or modify the existing ones. This essay looked into the burglary laws, those depicted in common law and the Florida Statutes, precisely their elements. A comparison of the two was conducted to determine their similarities, differences, why the changes occurred, and those that need to be incorporated.
Introduction
Burglary is generally referred to as the unlawful entry into almost any structure, including homes or business, to commit a crime, including theft or larceny (Findlaw, 2019). There is no need for a physical breaking and entry as the offender could simply be trespassing via an open door burglary is different from robbery. It involves using force or fear to obtain the property of another individual. Burglary cases will usually have no victims present. The crime of burglary has existed for a long time that it was initially developed under the common law. Notably, states have also brought in the basic idea of the crime into their prenatal codes despite some modifications. The respective laws have been developed to safeguard people’s property, prevent violence, and not protect against theft.
Elements of the Burglary Crime Under Historical Common Law
The common law defined burglary as breaking another individual’s dwelling at night to commit a felony therein. The elements of the burglary crime included ‘breaking’, ‘entering’, ‘into a dwelling or house’, ‘of another’, ‘at night’ and ‘with the intent to commit a felony. These six elements were introduced in 1641 listed in his Institutes of the Laws of England.
Burglary in commission law must have been done during the night as any daytime breaking and entry would be considered a trespass. The night was considered the period when darkness comes and when one cannot discern the countenance of a man (Anderson, 2011). The night did aggravate the offense, and hence it was target time when man was supposed to rest, but the burglar we chose to use the time to seek their prey. Breaking was denied through examples such as when a thief enters the house through an open door or window whereby no breaking occurred. In case the thief breaks the window glass and uses a hook to pull the property out is home via the window, then a breaking has occurred through force leading to an entry (Anderson, 2011). Entry could occur using any body part or a weapon, or a tool. The mansion house was not referring to the grand homes but any house where a man dwelled and inhabited. “Of another” referred to the burglar breaking into the home of another person as one cannot commit burglary in their own home (National Paralegal College, 2021). Finally, the element of intent meant that the burglar must have the intention of committing a felony after entering the dwelling; this usually is theft. Still, it could also include the intention of committing other crimes, including murder, rape, arson, among others.
Elements of the Burglary Crime in Florida Statute Laws
Under Section 810.02 of the Florida Statutes, a burglary can happen in two instances. First, when the defendant enters a dwelling, structure, or conveyance owned or possessed by another individual to commit an offense within it (Findlaw, 2018). Second, the defendant lawfully enters the dwelling, structure, or conveyance. That is, they have permission or consent and remain within it either surreptitiously and to commit an offense or when the permission to remain within has been withdrawn and has the intention of committing an offense within or to commit or try to commit a forcible felony inside (Findlaw, 2018).
In this case, the structure and conveyance refer to a building of any type, whether temporary or permanent, that has a roof and curtilage for the former and the latter, meaning any motor vehicle, ship, vessel, railroad vehicle, among other locomotives (Hussein & Webber, 2014). A dwelling is referred to a building of any type that could be temporary or permanent, mobile or immobile, has a roof on it, and is designed for people to occupy at night in conjunction with the enclosed space of ground and buildings that surround the dwelling (Hussein & Webber, 2014). Here, a total entry of one’s entire body is not needed into the identified dwelling, structure, or conveyance. The complete crime happens when the defendant intends to commit a crime and has extended any part of their body into the vehicle or building (Hussein & Webber, 2014). Regardless of the sus[ect entering or attempting to enter the property stealthily. A jury is entitled to infer that the individual’s actions were carried out with criminal intentions.
Comparison of elements of the Burglary Crime Between Historical Common law to the Florida State Statutes
An analysis of Florida burglary laws demonstrates that the state has expanded and modified the common law perspective on burglary laws. In common law, the burglary needed to happen at night, while in Florida, the burglary could happen at any time with the intent to commit a felony therein. Nonetheless, the burglary that happens at night is termed an aggravating circumstance, leading to a more significant penalty than the one done at night. The dwelling element has also been expanded. In Florida laws, one will be convicted for burglary when they enter any buildings or conveyance apart from just the dwelling. However, the burglary of a dwelling is considered an aggravating circumstance that will attract a more significant penalty than the burglary of a non-dwelling. Also, it is not required that the defendant commit a felony during the breaking and entry. The requirement has been expanded to include felonies and other crimes.
Notably, burglary remains a felony in Florida laws as in Florida laws. Nonetheless, the burglary has been divided into three degrees in Florida, with the higher the degree of burglary committed leading to a harsher penalty that could lead to a conviction. Florida laws expanded their laws to indicate that when the individual was granted permission, which is later withdrawn, he will be committing a burglary when he remains within it secretly, stayed even when he is no longer allowed that, and intends to commit a violent felony. Also, in common law, the satisfaction of the entry element happens when there is actual or constructive entry into the dwelling. Even the most minor entry into the dwelling through any body part of the defendant is adequate to qualify for an entry. In Florida burglary laws, the individual will not need to break down a door to pick a lock to commit the felony (Pirius, 2013). Almost all entries will suffice as long as the individual does enter to commit a crime. Notably, the person cannot burglarise if they enter when it is open to the public.
Reasons for the Changes and Any Changes that could beIncorporated In The Modern Statute.
The primary reason why the Florida Statute laws on burglary, among other modern statutes, was modified from the common law is to make the crime fit the current conditions. The modern world has evolved that the original rationales for the cause of actions were no longer the same. For instance, in the past, dwellings, specifically homes, were the main private properties individuals could own. However, modern times will have individuals owning various properties where they put their valuables. It is prudent that all these properties are safeguarded regardless of whether one is sleeping in them or not. Also, the current requirement of proving that the defendant intended to commit a felony or other crimes is essential since different people enter different structures for various reasons.
The present laws seem to be less restrictive, which the current criminals could take advantage of. It is prudent that the lawmakers consider ways in which their definitions could be clear and direct such that prosecutors can easily prove the intentions without the defense to criminals having a way to maneuver through.
References
Anderson, H. A. (2011). From the thief in the night to the guest who stayed too long: The evolution of burglary in the shadow of the common law. Ind. L. Rev., 45, 629.
Findlaw. (2018, May 16). Florida burglary laws. https://statelaws.findlaw.com/florida-law/florida-burglary-laws.html
Findlaw. (2019, February 14). Burglary overview. https://www.findlaw.com/criminal/criminal-charges/burglary-overview.html
Hussein & Webber, PL. (2014, May 28). Burglary in Florida | Dwelling, structure, conveyance. Hussein & Webber. https://www.husseinandwebber.com/crimes/property-crimes/burglary/
National Paralegal College. (2021). Criminal law: The crime of burglary. LawShelf Educational Media. https://lawshelf.com/shortvideoscontentview/burglary/
Pirius, R. (2013, December 16). Burglary and home invasions in Florida. www.criminaldefenselawyer.com. https://www.criminaldefenselawyer.com/resources/burglary-and-home-invasions-florida.htm
