The Statutory Standard: Burglary

Massachusetts

The Massachusetts burglary statute incorporates both the breaking and entry and the statutory burglary approaches to burglary. Compare and contrast the following articles.

Section 14: Whoever breaks and enters a dwelling house in the night time with intent to commit a felony, or whoever, after having entered with such intent, breaks such dwelling house in the night time, any person being then lawfully therein, and the offender being armed with a dangerous weapon at the time of such breaking or entry, or so arming himself in such house, or making an actual assault on a person lawfully therein, shall be punished by imprisonment in the state prison for life or for any term of not less than ten years. . . .

Whoever commits any offense described in this section while armed with a firearm, rifle, shotgun, machine gun or assault weapon shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 15 years. Whoever commits a subsequent such offense shall be punished by imprisonment in the state prison for life or for term of years, but not less than 20 years. The sentence imposed upon a person who, after being convicted of any offense mentioned in this section, commits the like offense, or any other of the offenses therein mentioned, shall not be suspended, nor shall he be placed on probation.

Section 15: Whoever breaks and enters a dwelling house in the night time, with the intent mentioned in the preceding section, or, having entered with such intent, breaks such dwelling house in the night time, the offender not being armed, nor arming himself in such house, with a dangerous weapon, nor making as assault upon a person lawfully therein, shall be punished by imprisonment in the state prison for not more than twenty years and, if he shall have been previously convicted of any crime named in this or the preceding section, for not less than five years.

Section 16: Whoever, in the night time, breaks and enters a building, ship, vessel or vehicle, with intent to commit a felony, or who attempts to or does break, burn, blow up or otherwise injures or destroys a safe, vault or other depository of money . . . or other valuables in any building, vehicle or place, with intent to commit a larceny or felony . . . shall be punished by imprisonment in the state prison for not more than twenty years or in a jail or house of correction for not more than two and one-half years.

Section 16A: Whoever in the night time or day time breaks and enters a building, ship, vessel or vehicle with intent to commit a misdemeanor shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than six months.

Section 17: Whoever, in the night time, enters without breaking, or breaks and enters in the day time, a building, ship, vessel, or vehicle, with intent to commit a felony, the owner or any other person lawfully therein being put in fear, shall be punished by imprisonment in the state prison for not more than ten years. Whoever commits any offense described in this section while armed with a firearm, rifle, shotgun, machine gun or assault weapon shall be punished by imprisonment in the state prison for not less than five years or in the house of correction for not more than two and one-half years.

 

The Statutory Standard: Arson

Compare the Illinois arson statute with common law arson.

Illinois 720 ILCS 5/201. Arson

A person commits arson when, by means of fire or explosive, he knowingly:

(1)  Damages any real property, or any personal property having a value of $150 or more, of another. . . .

(2)  With intent to defraud an insurer, damages any property, or any personal property having a value of $150 or more.

(3)  Arson is a Class 2 felony (3–7 years in prison).

Illinois 720 ILCS 5/20–1.1. Aggravated Arson

A person commits aggravated arson when in the course of committing arson he knowingly damages . . . any building or structure . . . including . . . a house trailer, watercraft, motor vehicle, or railroad car, and (1) he knows or reasonably should know that one or more persons are present . . . (2) any persons suffer great bodily harm, or personal disability or disfigurement as a result of the fire or explosion or (3) a fireman or policeman . . . acting in the line of duty, is injured. . . .

Aggravated arson is a Class X felony (6–30 years in prison).

Illinois 720 ILCS 5/20–1 Residential Arson

(1)  . . . In the course of committing an arson, a person knowingly damages partially or totally, any building or structure that is the dwelling place of another.

(2)  Residential arson is a Class 1 felony (4–15 years in prison).

 

The Statutory Standard: Criminal Mischief

The Florida criminal mischief statute illustrates the broad definition of criminal mischief under state statutes.

Florida Statutes Section 806.13

(1)  (a) A person commits the offense of criminal mischief if he or she willfully and maliciously injures or damages by any means any real or personal property belonging to another, including . . . the placement of graffiti thereon or other acts of vandalism. . . .

(2)  Any person who willfully and maliciously defaces, injures or damages . . . any church, synagogue, mosque, or other place of worship, or any religious article . . . commits a felony of the third degree. . . .

(3)  Whoever . . . willfully destroys or substantially damages any public telephone . . . commits a felony of the third degree.

(4)  Any person who willfully and maliciously defaces, injures or damages . . . a sexually violent predator detention or commitment facility . . . commits a felony of the third degree. . . .

(5)  (a) . . .

(5)  (b) . . .

(6)  (a) Any person who violates this section when the violation is related to the placement of graffiti, in addition to any other criminal penalty, shall be required to pay a fine. . . .