What would be all possible charges that could be filed in this scenario:
A person breaks a window, enters the house through the window, takes $1000 worth of computer equipment, and leaves through a door.
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Sign up to join this communityWhat would be all possible charges that could be filed in this scenario:
A person breaks a window, enters the house through the window, takes $1000 worth of computer equipment, and leaves through a door.
In addition to New Mexico 30-16-3 Burglary, NM charges could include:
If the computer is later taken across a sate line, there could also be a Federal charge of transporting stolen property.
In new-mexico this would include 30-16-3 Burglary
Burglary consists of the unauthorized entry of any vehicle, watercraft, aircraft, dwelling or other structure, movable or immovable, with the intent to commit any felony or theft therein.
A. Any person who, without authorization, enters a dwelling house with intent to commit any felony or theft therein is guilty of a third degree felony.
B. Any person who, without authorization, enters any vehicle, watercraft, aircraft or other structure, movable or immovable, with intent to commit any felony or theft therein is guilty of a fourth degree felony.)
Assuming the mens rea and actus reus are there, in england-and-wales this would be burglary contrary to s.9 of the Theft Act 1968 which carries a maximum sentence of 14 years (although highly unlikely in this scenario).
(1) A person is guilty of burglary if—
(a) he enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subsection (2) below; or
(b) having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm.
(2) The offences referred to in subsection (1)(a) above are offences of stealing anything in the building or part of a building in question, of inflicting on any person therein any grievous bodily harm therein, and of doing unlawful damage to the building or anything therein.
And the broken window would be contrary to s.1(1) Criminal Damage Act 1971 which is 6 months maximum in prison and/or maximum fine of £2,500 if the damage is less than £5,000 (just under $7,000).
A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.