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24. What crime (s) has the executive committed?
The jurisdiction has expanded the crime of burglary to include all buildings.
Upon arriving home, she found that she had taken a record book and some financial papers that belonged to the firm. After thinking it over and becoming angrier over being fired, she burned the book and papers in her fireplace.
An executive of an accounting firm was fired and told to immediately leave the building where she worked. The executive went home, but she returned that night to retrieve personal items from her office. When she discovered that her key no longer opened a door to the building, she forced the door open and went to her former office. To avoid attracting attention, she did not turn on any lights. In the dark, she knew that she was taking some items that were not hers; she planned to sort these out later and return them.
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Burglary requires: (i) the breaking (actual or constructive, as done with force or threats); and (ii) entering; (iii) into the dwelling of another; (iv) at nighttime; (v) with the intent to commit a felony therein. The question states that the jurisdiction has expanded the crime of burglary to include all buildings.
C is correct. The executive committed larceny, but not burglary. She took and carried away items, without consent of the owner, with the intent to permanently deprive the owner of the property (as evidenced by the burning of the items). Larceny, in this case, was committed under a continuing trespass theory, which attached as soon as the executive decided she would not return the property, and instead, burned it.
On the other hand, the executive did not commit burglary because she did not break in with the intent to commit larceny or any other felony. It was only after breaking that the executive developed the intent to carry away the property of another, and only after returning home that she developed the intent to permanently deprive the lawful owner's ownership of the property. For burglary to have been committed, the executive must have had the complete requisite intent to commit larceny in the building at the time of entry.
A is incorrect. The executive committed larceny, but not burglary. There was no burglary because the executive did not break and enter the building with the intent to commit a felony therein. The executive did, however, commit larceny, under the theory of continuing trespass, as soon as decided she would not return the property, and instead, burned the books and papers.
B is incorrect. For the reasons explained above, the executive committed larceny, not burglary.
D is incorrect. Again, the executive did commit larceny, not burglary.