Criminal Law

Fact Pattern

On a cool, dark evening, A strolls through an unfamiliar neighborhood. The neighborhood is located in an up-and-coming part of the city, and it is dominated by once-commercial buildings that have been turned into residential lofts. A looks at a clock tower in the distance and notices the time, which is midnight. A decides that he needs a place to warm up before it gets any colder, so he begins looking for a building where he can spend the night.

Based on their dimly lit facades, all the buildings around A appear to be commercial buildings. In fact, they are all residential dwellings. To get some sleep, A breaks into a covered parking lot attached to a particular residential building that A genuinely believes is a commercial building.

After entering the parking lot, A notices a briefcase sitting next to a car. He briefly contemplates what he should do, and then he decides to steal the briefcase. After A takes the briefcase, security guards spot him from a hidden security camera located in the parking lot. The guards detain A and eventually turn him over to state law enforcement authorities.

A is charged with burglary. In this jurisdiction, burglary is defined as “recklessly breaking and entering into the dwelling of another at nighttime with the intent to commit a felony therein.”  The jurisdiction has adopted the Model Penal Code definitions for mens rea terms (Model Penal Code Section 2.02).

Larceny is a felony in this jurisdiction, and is defined as “taking and carrying away the property of another with the purpose to deprive the owner of the property.”

Trespass is a misdemeanor in this jurisdiction, and is defined as “knowingly entering or remaining on another's property without the owner's consent.”

Assume the prosecution could prove the above facts at A’s trial.

Questions

1. Is A liable for burglary? Explain, but do not consider A’s liability for any other crime, and assume that A does not have a valid necessity defense.