IRAC
Burglary Fact Pattern
On March 31, 2017, Tina was walking past a house in her neighborhood when she noticed that the kitchen window was open and that a delicious-smelling pie was sitting just inside the window.
Being hungry, Tina decided to knock on the door of the house and ask if she could purchase the pie.
Tina walked up to the front door and knocked.
The owner, Lisa, answered and asked Tina what she wanted. Before Tina could explain, Lisa said “come inside – it’s rather drafty and I’m afraid I’ll catch a cold.” Tina entered and told Lisa she wanted to purchase the pie. Lisa told her “Sorry, it’s not for sale. Thanks for asking, though.” Lisa then showed Tina the way out. As Tina was leaving, she thought to herself “I am going to steal that pie – if I can just distract Lisa long enough.”
As Tina reached the door she asked “Might I have a drink of water before I leave?” Lisa said “Sure, help yourself to a glass in the kitchen.” Tina went to the kitchen, intending to steal the pie. However, she quickly realized she would never be able to sneak it out. So Tina had a drink of water and left the house.
As soon as Tina was outside, she ran around the back of the house and watched from the alley. When she saw Lisa go into another room, Tina came back around, entered the unfenced yard, walked around the side walkway past the kitchen, and reached inside the window to grab the pie.
Just as Tina grabbed the pie, she heard Lisa returning to the kitchen. Tina put the pie back down and quickly “ducked” under the window so she would not be seen. After a few minutes, Tina realized that Lisa was not going to leave the kitchen anytime soon so she snuck off and Tina headed home.
Unfortunately for Tina, this entire episode was captured on hidden cameras and Tina was arrested and charged with Burglary, Theft, and Trespass.
Analyze whether Tina is guilty of any of these charges. Below are the statutes:
Statute 13-1204: Theft: A person commits Theft when, without lawful authority, they control the property of another with the intent to deprive them of that property.
Statute 13-2504: Trespass: A person commits Trespass when, without lawful authority, they enter or remain in or upon the property of another.
Statute 13-1802: Burglary: A person commits Burglary when, without lawful authority, they enter or remain unlawfully in or upon a residential structure with the intent to commit a Theft or any felony therein.
Statute 13-101(F): “Enter or remain unlawfully” means an act of a person who enters or remains on premises when the person's intent for so entering or remaining is not licensed, authorized or otherwise privileged.
Statute 13-101(N): “Residential structure” means any structure, movable or immovable, permanent or temporary, that is adapted for both human residence and lodging whether occupied or not.