Criminal Law sample analysis
MBE Criminal Law Mens Rea Trap: Burglary vs Larceny
Work through a fresh burglary-vs-larceny mens rea trap with examiner-style analysis, distractor notes, and a short quiz teaser.
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Fact pattern
Theo slipped into a closed campus bookstore through an unlocked side door at 11:30 p.m. He intended only to sleep inside because his dorm was locked for repairs. Once inside, Theo noticed a display laptop on the counter, decided to take it, and hid it in his backpack before leaving through the same door. Theo is charged with burglary and larceny under a statute that tracks the common-law burglary elements unless the statute says otherwise.
Quick answer
Theo likely committed larceny but not burglary because he formed the intent to steal only after entering the bookstore. At common law, burglary requires a breaking and entering of the dwelling of another at night with the intent to commit a felony inside at the time of entry. Modern statutes often broaden the building element, but the timing of intent remains central: the defendant must have the necessary criminal intent when entering. Larceny requires a trespassory taking and carrying away of the personal property of another with the intent to permanently deprive the owner. A later-formed intent inside the building can satisfy larceny even when it is too late for burglary.
IRAC analysis
Did Theo commit burglary, larceny, both, or only one of the two offenses?
At common law, burglary requires a breaking and entering of the dwelling of another at night with the intent to commit a felony inside at the time of entry. Modern statutes often broaden the building element, but the timing of intent remains central: the defendant must have the necessary criminal intent when entering. Larceny requires a trespassory taking and carrying away of the personal property of another with the intent to permanently deprive the owner. A later-formed intent inside the building can satisfy larceny even when it is too late for burglary.
Theo is the classic timing trap. He clearly formed an intent to steal the laptop before he left, and hiding it in his backpack followed by leaving the store is enough for larceny because he took and carried away another's property with intent to permanently deprive…
Primary law and source anchors
- People v. Gauze, 15 Cal. 3d 709 (1975) A person cannot burglarize his own home, because he has an unconditional right to enter it.
- People v. Davis, 18 Cal. 4th 712, 958 P.2d 1083 (1998) Entry for burglary requires penetration of the building's outer boundary; passing a forged check through a walk-up window chute is not an entry.