1)    Knowingly enters the dwelling of another without authorization
2)    When he or she knows or has reason to know that one or more persons is present, and
3)    Intentionally causes injury or, while armed with a dangerous weapon, uses or threatens force upon any occupant.

The words in italics refer to the mens rea, or level of knowledge that is necessary with reference to the crime.  Let’s take each one step by step.

Knowingly enters the dwelling of another without authorization
Unauthorized entry of the home of another encompasses what the layperson would think of as trespassing.  If one has not received permission to enter another’s dwelling, it is an unauthorized entry.  This would not typically include, for example, an invited guest who otherwise meets steps 2) and 3).

A dwelling is not limited to a person’s house or home.  It can be a structure where people sleep or reside more generally, so in addition to a house, it could include an apartment or even a hotel.

The term knowingly generally means that the defendant is aware that his behavior will cause a certain result.  If X is aware that he is entering a home and that his entry has not been authorized, this would probably meet the criteria.

When he or she knows or has reason to know that one or more persons is present
In order for a trespass to rise to the level of home invasion, a person must be present in the dwelling that the defendant has unlawfully entered.  In addition, the defendant must have either been aware that someone was at home, or, the circumstances were such that a reasonable person would have known that someone was at home.  Thus the c does not actually need to know that the home is occupied at the time he enters.  It is enough if some hints would lead a rational person to infer it.

Intentionally causes injury or, while armed with a dangerous weapon, uses or threatens force upon any occupant
The home invasion laws have been made with the general purpose of protecting the people inside from situations that involve an armed intruder assaulting and traumatizing the occupants.  While the defendant can meet this step by causing injury to the occupant, it is not necessary for an occupant to undergo physical injury.  Mental trauma could in some cases be enough.  Alternatively, using or threatening harm to an occupant while armed with a dangerous weapon, without actually following through on the threat, is sufficient to meet this step.  Furthermore, note that the injury need not have taken place inside the actual boundaries of the home, if the harm is a consequence of a sequence of acts that came from the home invasion.

Intentionally generally means that the defendant must have used or threatened force purposefully and knowingly.

Defenses
In connection with home invasion, occupants should be aware that state laws vary on the extent of self defense that is permissible in the face of home intruders.  Under common law, the Castle Doctrine generally allows a person to stay in his home and defend himself if an intruder has unlawfully or forcibly entered the home, so long as the occupant reasonably believes that the intruder intends to inflict serious bodily harm or death upon an occupant of the home.  Variations of the Castle Doctrine run throughout many states, and some conditions (i.e. the occupant must not have provoked the use of force) may attach.

On the contrary, some states follow the Duty to Retreat doctrine, which requires the occupants to retreat from the dwelling and verbally announce any intent to use deadly force, before they can be legally justified the use of force through self defense.

“Stand-your-ground” laws, which similar to the Castle Doctrine allow an occupant to stay in the home and defend himself without an announcement of the use of force, are being codified in many states.

Please see an attorney if you have questions about what your state expressly allows.

The more specific crime to which theft often refers is larceny, which is a common law crime that involves the unlawful taking and carrying away of someone else’s personal property with the intent to deprive the possessor of it permanently.  Some states have not codified a specific statutory definition of larceny, so the common law still applies.

Larceny requires an act (actus reus) and a level of knowledge (mens rea) that is required for the crime.  The prosecutor must show that the defendant has both:

a) carried out the action of taking and carrying away another’s property; and in addition,
b) has done so with the intent to deprive the owner of the property permanently.

Taking and carrying away another’s purse by mistake, therefore, would not be a crime until the taker realizes it is not hers and yet still decides to keep it.

Many states have lumped all of the theft crimes under one statute that specifies all of the different ways that one can commit theft—for example, by deception, by extortion (threat), or by mistake, as in the example above.  Grading then depends on the value or type of property stolen.  For instance, the Model Penal Code indicates that theft is a third degree felony if the amount stolen exceeds $500, or if the stolen property is a firearm, automobile, airplane, motorcycle, motor boat, or other motor-propelled vehicle.  In some states this is referred to as “grand theft.”  Theft of lesser value or outside of these categories is considered a misdemeanor and is sometimes referred to as “petty theft.”

One is guilty of theft if he or she is the taker of the property. However, the person receiving the stolen property can also be guilty of theft.  If the receiver knows that the property is stolen, he is also within the scope of theft unless he intends to give the property back to its original, rightful owner.

One can also be guilty of theft by omission; in other words, if someone has received property for which they are contractually obligated to pay, and he or she intentionally fails to make the required payments, it is a theft.

Theft stretches from the very obvious act of taking a person’s wallet from his jacket, to more complex crimes of identity theft, falsification of accounts, corporate embezzlement, and so on.

Robbery
Theft should not be confused with “robbery,” which involves the use of force, intimidation, or violence in the course of committing a theft.  For example, one can commit theft without ever even coming into contact with another person.  For robbery, on the other hand, the defendant must meet the elements of a theft, and in addition, he must have:

(a) inflicted serious bodily injury upon another; or
(b) threatened another with or purposely put him in fear of immediate serious bodily injury; or
(c) committed or threatened immediately to commit any felony of the first or second degree (which will vary by state).

The grading and possible sentencing of a robbery is generally more serious than that of theft.  In many states robbery is a second degree felony and can rise to a first degree felony depending on whether bodily harm was inflicted, or what degree of force was used.

Armed robbery is a more serious offense and involves the use of a weapon or the pretense of having a weapon.

Defenses
Defenses for theft are often unique to the circumstances and facts of the case.  The “true owner” defense is sometimes raised with regard to theft, whereby the defendant may argue that he believed in good faith that he is the true and rightful owner of the taken property.  Rare contextual circumstances may lead to other similar defenses. Robbery and armed robbery defenses may be one and the same as theft defenses, or a defendant may try to rebut evidence that he used force, intimidation, or violence in the commission of the theft.

Depending on the state, burglary can be prosecuted as a felony or a misdemeanor.  Residential burglary cases are generally punished more severely than burglary of other structures.  Burglary at night is also determined in some states to warrant stricter punishment.  Defendants should contact lawyers in their state to confirm the grading and potential sentencing of a burglary offense in their jurisdiction.

As an example, according to the Model Penal Code (Section 221.1), which some states have adopted, burglary is a second degree felony if perpetrated in the dwelling of another at night, or if, in the course of committing the offense, the actor:

(a) purposely, knowingly or recklessly inflicts or attempts to inflict bodily injury on anyone; or
(b) is armed with explosives or a deadly weapon.

This provision essentially describes a home invasion offense.  If not a home invasion or perpetrated at night, burglary is a third degree felony.  Defendants should note that they can be prosecuted for a burglary as well as for the crime which he committed in the course of the burglary.  For example, if X broke into a building and set it on fire, he could be prosecuted for burglary and arson.

In some jurisdictions of the criminal justice system, prosecution of burglary cases may depend on whether or not the structure unlawfully entered was inhabited or not.  If the structure was abandoned, it may be a defense for the defendant.

Defending your Property
Occupants of a structure during a burglary should be aware that state laws vary on the extent of self defense that is permissible.  Under common law, the Castle Doctrine generally allows a person to stay in his home and defend himself if an intruder has unlawfully or forcibly entered the home, so long as the occupant reasonably believes that the intruder intends to inflict serious bodily harm or death upon an occupant of the home.  Variations of the Castle Doctrine run throughout many states, and in some states it is extended to the workplace.  Armed burglary of an inhabited office, for example, may trigger the Castle Doctrine in some states.

Generally speaking, however, outside of the special circumstances of a home invasion, states follow the Duty to Retreat doctrine, which requires occupants to retreat from the building or structure and verbally announce any intent to use deadly force, before they can be legally justified the use of force through self defense.

Please see an attorney if you have questions about what your state expressly allows. Burglary cases carry serious penalties.