Criminal Law — Burglary

The Screened Porch

Just after 9 p.m. in November, well after dark, Sam pried open a loose screen on the enclosed back porch of Lee's house and stepped inside, intending to grab Lee's laptop from the kitchen and sell it. The porch is walled, roofed, and connected to the house, but Lee uses it only for storage. A neighbor's dog barked and Sam fled before reaching the kitchen.

Law. Common-law burglary requires (1) a breaking, (2) an entering, (3) of the dwelling of another, (4) at night, (5) with the intent to commit a felony therein. A "breaking" requires force to create or enlarge an opening, even slight force such as pushing open an unlocked window; "entering" occurs when any part of the body crosses the threshold. The "dwelling" includes structures within the curtilage used as part of the residence, and the felonious intent must exist at the moment of the breaking and entering.

In one paragraph, advise whether Sam has committed common-law burglary.

one-paragraph · ≤ 120 words

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