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32. What is the man's strongest defense to a burglary charge?
The man had brought a picklock to open the employee's back door, but when he tried the door, he found that it was unlocked, so he entered. As the man was looking around the house, he heard sounds outside and became afraid. He left the house but was arrested by police on neighborhood patrol.
A man who owned a business believed that one of his employees was stealing computer equipment from the business. He decided to break into the employee's house one night, when he knew that the employee and her family would be away, to try to find and retrieve the equipment.
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A is incorrect. Actual breaking requires minimum force to gain entry. The opening of a closed door will be enough force to be considered a breaking. In this case, the man opened the back door; even though it was unlocked, the opening of the door still constitutes force. Therefore, he did meet the element of a breaking.
B is incorrect. Abandonment would not be a defense if the defendant met all the elements of burglary. The elements require a breaking and entering into the dwelling of another at night with the intent to commit a felony therein. The intent is measured at the time of the breaking. Therefore, once the breaking has occurred, the crime is committed. Abandonment after that point would not defeat the charge.
C is incorrect. It is irrelevant whether the dwelling is occupied or unoccupied at the time of the breaking. The key element is that the structure is a dwelling, whether occupied or not.