MBE Rules · Criminal Law
Modern Burglary
Burglary — modern expansions
The rule
Statutes discard breaking, nighttime, and dwelling limits — entry into any structure with intent to commit any crime suffices, and California adds shoplifting distinctions after Prop 47.
In plain English
Modern burglary laws have expanded the definition of burglary to include entry into any structure with the intent to commit a crime, regardless of whether there was a breaking or if it occurred at night. In California, specific provisions have been added to address shoplifting, particularly after the passage of Proposition 47.
Worked example
A man enters a closed retail store after hours with the intent to steal merchandise. He does not break any locks or windows, but he is still charged with burglary under California law. The court finds him guilty because he entered the structure with the intent to commit theft.
Memory hook
Burglary is all about intent and entry, not just breaking in at night.
The trap
Exams may include fact patterns that emphasize traditional elements like 'breaking' or 'nighttime,' leading students to overlook the broader definition under modern statutes.
How examiners test it
Questions often present scenarios involving entry into various types of structures and focus on the defendant's intent, testing students' understanding of the modernized definition of burglary.
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