MBE Rules · Criminal Law
Burglary
The rule
Common law: breaking and entering of the dwelling of another at night with intent to commit a felony therein. Modern statutes typically drop the dwelling, nighttime, and breaking requirements. Intent to commit the felony must exist at the time of entry.
In plain English
Burglary is when someone goes into a building without permission planning to do something illegal inside.
Worked example
The defendant enters a closed store at night through an unlocked window intending to steal. Even without breaking in, it's burglary because they planned to commit theft when entering.
Memory hook
Burglary: Nighttime no more, intent is key. Modern rules drop the 'night' and 'dwelling'—focus on intent at entry.
The trap
Students think: any illegal entry is burglary. Wrong, because intent must exist at entry. The actual test is intent at the moment of entry.
How examiners test it
Test setup: suspect enters a store during the day, no forced entry. Trap: students ignore intent timing—must have intent to commit felony at entry, not formed later.
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