Missouri Burglary by Breaking and Entering

• Category: Criminal - Jury Instructions
• State: Multi-State
• Control #: US-00877
• Format: Word; Rich Text

Description

Sample Jury Instruction - This sample jury instruction pertains to a Defendant's indictment for the crime of burglary (including all elements of the crime). Missouri Burglary by Breaking and Entering is a legal term that refers to the act of unlawfully entering or remaining in a building or structure with the intent to commit a crime, specifically theft or another felony. This offense is considered a serious criminal offense and is strictly penalized under Missouri law. In Missouri, burglary by breaking and entering can be categorized into two main types: first-degree burglary and second-degree burglary. First-degree burglary in Missouri is committed when an individual knowingly enters or remains unlawfully in a building or inhabitable structure with the purpose of committing a crime, and: 1. The offender is armed with a deadly weapon or explosive, or operates or attempts to operate any dangerous instrument during the commission of the offense, or 2. The offender causes or attempts to cause physical injury to any person who is not a participant in the crime. It's important to note that causing or attempting to cause physical injury is an essential element of first-degree burglary. If the offense does not involve a physical altercation or the use of dangerous instruments, it usually falls under the category of second-degree burglary. Second-degree burglary in Missouri occurs when an individual knowingly enters or remains unlawfully in a building or inhabitable structure with the purpose of committing a crime, but does not meet the criteria for first-degree burglary. It generally involves cases where physical harm or the use of dangerous weapons is not present. Both first and second-degree burglary are deemed serious offenses and carry severe penalties upon conviction. First-degree burglary is considered a Class B felony in Missouri, punishable by a prison sentence ranging from 5 to 15 years. Second-degree burglary, on the other hand, is classified as a Class D felony, which carries a potential sentence of up to 7 years in prison. Missouri law acknowledges the seriousness of burglary crimes, placing significant emphasis on protecting individuals' personal property and ensuring public safety. It is important for residents of Missouri to be aware of the legal distinctions between first and second-degree burglary, as well as the severe consequences associated with these offenses.

Missouri Burglary by Breaking and Entering is a legal term that refers to the act of unlawfully entering or remaining in a building or structure with the intent to commit a crime, specifically theft or another felony. This offense is considered a serious criminal offense and is strictly penalized under Missouri law. In Missouri, burglary by breaking and entering can be categorized into two main types: first-degree burglary and second-degree burglary. First-degree burglary in Missouri is committed when an individual knowingly enters or remains unlawfully in a building or inhabitable structure with the purpose of committing a crime, and: 1. The offender is armed with a deadly weapon or explosive, or operates or attempts to operate any dangerous instrument during the commission of the offense, or 2. The offender causes or attempts to cause physical injury to any person who is not a participant in the crime. It's important to note that causing or attempting to cause physical injury is an essential element of first-degree burglary. If the offense does not involve a physical altercation or the use of dangerous instruments, it usually falls under the category of second-degree burglary. Second-degree burglary in Missouri occurs when an individual knowingly enters or remains unlawfully in a building or inhabitable structure with the purpose of committing a crime, but does not meet the criteria for first-degree burglary. It generally involves cases where physical harm or the use of dangerous weapons is not present. Both first and second-degree burglary are deemed serious offenses and carry severe penalties upon conviction. First-degree burglary is considered a Class B felony in Missouri, punishable by a prison sentence ranging from 5 to 15 years. Second-degree burglary, on the other hand, is classified as a Class D felony, which carries a potential sentence of up to 7 years in prison. Missouri law acknowledges the seriousness of burglary crimes, placing significant emphasis on protecting individuals' personal property and ensuring public safety. It is important for residents of Missouri to be aware of the legal distinctions between first and second-degree burglary, as well as the severe consequences associated with these offenses.