Problem
Read the statute below and answer the questions that follow it.
Criminal Code § 22-14 Burglary A person who at night forcibly enters a dwelling of another with the intent to commit an offense therein is guilty of burglary.
I. What are the required elements of a cause of action for burglary under the plain language of Criminal Code § 22-14?
II. Holly was very excited when she received a new laptop for her birthday and proudly showed it to her friend Karen. Karen could not help but feel jealous and wanted the laptop for herself. One night at 11:00 p.m., while Holly was working the night shift as a nurse, Karen drove to Holly's house, walked up to the front door, and picked the lock. Karen then went inside and quickly looked for Holly's laptop. Karen found it right on top of Holly's desk. Thrilled that she found it so quickly, Karen grabbed the laptop, walked out the front door and locked it behind her. Under the plain meaning of § 22-14 of the state's criminal code, did Karen commit a burglary? Why or why not?
III. Would your answer to the question above remain the same if Karen entered Holly's house at 6:00 p.m.? What about 8:00 p.m.? Explain.
IV. Cam was recently evicted from his home and was living in the back of his van. One balmy night, Cam decided to sleep with the front passenger window open, so he could get some fresh air. Ricky, a local vagrant, was roaming by at around 2:00 a.m. and spotted Cam's van on the side of the road. As Ricky got closer, he saw that the window to the van was open and that Cam's cell phone was lying on the front seat. Ricky quietly stuck his arm in through the open window, grabbed the cell phone and ran off while Cam remained asleep. The next morning based on information provided to the police by an eyewitness, Ricky was arrested and charged with burglary.
i. What arguments would the prosecutor make using the plain language of the statute to convince a jury that Ricky committed burglary under § 22-14?
ii. What arguments could Ricky make using the plain language of the statute in his defense?