Re:Carlos Ghosn’s Brazen Escape from Japan
by vorpalhex on Sunday August 07, 2022 @05:11PM
(#32379950)
Burglary carries a presumption of force.
Re:Carlos Ghosn’s Brazen Escape from Japan
by kevin_thibedeau on Sunday August 07, 2022 @05:17PM
(#32379999)
People steal packages off doorsteps all the time. It requires no force.
Re:Carlos Ghosn’s Brazen Escape from Japan
by vorpalhex on Sunday August 07, 2022 @08:48PM
(#32381378)
Not burglary.
Re:Carlos Ghosn’s Brazen Escape from Japan
by thedailymail on Sunday August 07, 2022 @06:02PM
(#32380341)
You may be confusing burglary with robbery.
Re:Carlos Ghosn’s Brazen Escape from Japan
by vorpalhex on Sunday August 07, 2022 @08:48PM
(#32381374)
> Burglary is a crime under both the common law and the model penal code. Exact definitions of burglary under the common law vary by jurisdiction though they all criminalize some form of illegally entering a building at night with the intent to commit a crime within.
From https://www.law.cornell.edu/wex/burglary
Typically this means you've broken into a domicile (sometimes lesser charges of Burglary exist for non-domicile, eg a vacant commercial building). If you break into someone's home, at night, while it's occupied, the law presumes you intended to do violence.
This presumption is usually correct!
This https://www.shouselaw.com/ca/defense/penal-code/459/ says that just entering a building with the intent to commit a crime counts as burglary even if no force was required.
> If you break into someone's home, at night, while it's occupied, the law presumes you intended to do violence.
Well yes. But I explicitly said "no one's present". And it usually happens during the day where I live, because that's when people work.
A home burglary where no one's present is non violent. Do you think that should be punished lightly? It causes orders of magnitude less damage than a lot of financial crime.