Crimes against real property

Arson

Arson is the malicious burning of another person's property. It is not arson to burn your own building, but don't burn your house down to collect insurance on it; to do so is a separate statutory offense. Arson is widely recognized as a felony.

Vandalism

Wilful damage to another person's property is also an offense. Vandalism is the one we read about most often, especially in connection with public buildings, such as schools. Vandalism in this sense is the wilful or malicious causing of damage, by throwing rocks through windows, flooding basements or whatever. The wilful destruction of any property, real or personal, is unlawful and punishable by fine and perhaps imprisonment, depending on the extent of the damage done.

Burglary

Burglary is defined as the breaking and entering of the premises of another with an intent to commit a felony within. Breaking consists not only in the breaking of some external portion of the building, but also in the opening of a closed door or window. Any entry, however slight, is sufficient, including thrusting the hand or even an instrument into the building.

If someone breaks into your store and robs your safe, he has committed burglary. A burglarious intent is an essential element. Someone breaking into your house at night just to admire your new oil paintings, and without doing anything harmful while there, would not be committing burglary. The offense would be trespass, a tort for which you might sue the offender, but it would not be criminal trespass since there was no intent to commit a crime. Burglary is a felony in all states, though in some there are degrees of burglary and the lesser ones are only misdemeanors.

Larceny

Larceny is taking and carrying away of someone else's personal property, without his consent, with the intention of permanently depriving him of its use or possession. There are several necessary parts to this offense, which is a felony or a misdemeanor, depending on the value of the property stolen. Felonious larceny is a taking with an intent to steal.

Larceny is directed only against personal property. Abandoned property is not the subject of larceny, but lost property is. Making the distinction between something that has been abandoned and something that has been lost is not always easy.

Robbery

Robbery is taking something from a person by violence or intimidation. The element of force is the difference between robbery and simple larceny. The pickpocket who lifts your wallet while you are standing in a crowd is guilty of larceny, not robbery. The mugger who stops you on the street, knocks you down in a scuffle and snatches your wallet has committed the offense of robbery. It would be armed robbery if the mugger threatened you with a gun; that would be intimidation. Robbery is widely regarded as a felony.

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