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In California, California Penal Code § 246 [3] refers to the discharging of a firearm at an inhabited dwelling house. This statute specifies that a "dwelling" (more commonly referred to as a house) is "inhabited" if a person lives in it; it is irrelevant whether anyone is present. A house, building, or structure is not considered "inhabited ...
In the criminal code of New Hampshire, "A person is guilty of burglary if they enter a building or occupied structure, or separately secured or occupied section thereof, with purpose to commit a crime therein, unless the premises are at the time open to the public or the actor is licensed or privileged to enter." [49]
At common law, which derives from English law, curtilage has been defined as "the open space situated within a common enclosure belonging to a dwelling-house". [6] Black's Law Dictionary of 1891 defined it as: The enclosed space of ground and buildings immediately surrounding a dwelling-house.
Property crime is a category of crime, usually involving private property, that includes, among other crimes, burglary, larceny, theft, motor vehicle theft, arson ...
The first published use of the term "home invasion" recorded in the Oxford English Dictionary is an article in The Washington Post on 1 February 1912, [6] with an article in the Los Angeles Times on 18 March 1925 clearly indicating the modern meaning.
Moreover, for purposes of common law arson, possession or occupancy rather than title determines whose dwelling the structure is. [14] Thus a tenant who sets fire to his rented house would not be guilty of common law arson, [14] while the landlord who set fire to a rented dwelling house would be guilty.
Holroyd J. instructed a jury that violence could not be used against a civil trespasser, adding: "But, the making an attack upon a dwelling, and especially at night, the law regards as equivalent to an assault on a man's person; for a man's house is his castle and therefore, in the eye of the law, it is equivalent to an assault."
Section 380 – Theft in dwelling house, etc. Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or used for the custody of property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. [34]