Burglary

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Burglary

The act of entering a building unlawfully with the intention of committing a crime, usually but not always theft. Burglary is illegal in nearly every jurisdiction.
References in periodicals archive ?
13) Article 120 provides the specific elements of the offenses of rape, aggravated sexual assault, aggravated sexual contact, and abusive sexual contact.
49) This Article uses the term requirements--as opposed to elements--to describe the criteria for applying the responsible relation doctrine in order to distinguish the doctrine's requirements from the elements of the offense.
The first step in determining whether unanimity is required as to predicate acts is to ascertain whether the legislature, in defining the compound-complex crime at issue, intended the predicate acts to be principal elements of the offense or mere alternative means of fulfilling the series or pattern element of the crime.
232) Sentencing factors should receive the higher level of protection afforded to elements of the offense because they directly correspond to a defendant's punishment.
Where one of the elements of the offense charged remains in doubt, but the defendant is plainly guilty of some offense, the jury is likely to resolve its doubts in favor of conviction.
Even if the check(s) (was)(were) used to (pay a debt from gambling illegally)(obtain funds with which to gamble illegally), if you are convinced beyond reasonable doubt that the purported victim (or payee of the check) was not a party to or did not actively facilitate the illegal gambling, or otherwise did not have knowledge of the illegal gambling-related purpose of the check, you may find the accused guilty when all other elements of the offense have been proven beyond a reasonable doubt.
First, if the new Article 120 does, in fact, require the accused to prove the existence of an affirmative defense as an interlocutory matter, it inexplicably places on the accused the burden of proving the existence of a defense before he knows whether or not the government has proven the elements of the offense.
12) Instead, under Ring, aggravating factors are now "functional equivalents to an element," subject to the same constitutional guarantees that extend to elements of the offense.
86) The court concluded that elements of attempted wrongful distribution, as given by the trial judge, did not provide the accused with a sufficient understanding of the elements of the offense, and, therefore, in guilty plea was not knowing and voluntary.
133) After specifically addressing notice, the CAAF also held that the military judge properly defined the specific elements of the offense by informing the accused that child neglect "requires culpable negligence and not just simple negligence.
to prove the specific elements of the offense (77) or by contesting the
because it does not contain all elements of the offense charged may