BURGLARY / THEFT SCENARIOS

Answer the following questions

John Doe sees a house (Location: 121 Apple Street) with an open garage and decides to enter the home to steal any money that he may find. He walks into the open garage and then opens a connecting door into the house and goes inside. Once inside, Doe looks around and although he sees a television and stereo equipment, he doesn’t see any money and so he leaves the residence without taking anything.

Doe then walks to the next house (Location: 123 Apple Street) and sees a front window slightly cracked. He looks in the window and sees cash on top of a coffee table. Doe pushes the window and reaches inside and grabs the money off the table.

Doe then walks to the next house (Location: 125 Apple Street) and sees a back window open. He climbs through the window into the house. While rummaging through the first floor of the house looking for money to steal, Doe knocks over a $10,000 art sculpture. The sculpture falls and scatters. Startled, Doe run out of the house without taking anything.

The current jurisdiction defines, in part, 1st Degree Burglary as the breaking and entering of a dwelling of another person, with the intent to commit a felony therein; 3rd Degree Burglary as the breaking and entering of a dwelling of another person with the intent to commit any crime; and 4th Degree Burglary as the breaking and entering of the dwelling of another with or without the intent to commit any crime therein.

a. With regard to location: 121 Apple Street, is Doe guilty of any crime(s)? If so, what crime(s)? If not, what elements are missing that, if present, would result in him being guilty? With regard to the elements that are present, identify the facts that establish those elements?

b. With regard to location: 123 Apple Street, is Doe guilty of any crime(s)? If so, what crime(s)? If not, what elements are missing that, if present, would result in him being guilty? With regard to the elements that are present, identify the facts that establish those elements.

c. With regard to location: 125 Apple Street, is Doe guilty of any crime(s)? If so, what crime(s)? If not, what elements are missing that, if present, would result in him being guilty? With regard to the elements that are present, identify the facts that establish those elements?