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Unit 30 Ww2

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Under the New Nottingham Penal Code, which prohibits burglary, does our client, Mr. Denton, have a valid defense against charges of burglary when relying on the defense that the B-17 was not a building, and he did not intend to commit larceny upon entering the aircraft?
Likely yes. Under the New Nottingham (N.N.) Penal Code, burglary is committed if a person enters any house, apartment, or building with the intent to commit larceny. The B-17 is a World War II era historical aircraft, and does not fit the description of a “building” required by law. In addition, it’s clear from the client’s statement he did not intend to commit a crime prior to entering the aircraft. Therefore, Mr. Denton will likely not be
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The aircraft, a Boeing B-17, had landed at a small airport nearby consisting of no fence, or security. Mr. Denton, an avid World War II enthusiast, planned to get a closer look and even expressed his enthusiasm with a Facebook post prior to the act. Upon arriving at the airport, Mr. Denton was free to enter the aircraft because no lock prevented his access. The client eventually noticed an iPad Air located in the cockpit. Mr. Denton found it strange for the iPad to just be sitting there, so he took it home. Law enforcement showed up shortly thereafter for the iPad, and charged the Mr. Denton with …show more content…
People v. Fakelaw, 130 N.N.App. 4th 90, 110 (2000). However, the intent to commit larceny must exist at the time of entry into the building by the accused. People v. Bard, 70 N.N. 2d 3, 73 (1968). For example, in People v. Sitwell the defendant was found not guilty of intent to commit larceny due to the fact the defendant had not planned on committing the crime upon receiving an invitation from the plaintiff’s home. People v. Sitwell, 43 N.N. App. 4th 225, 231 (2000). It’s clear Mr. Denton did not intend to take the iPad from the B-17 prior to his entry. The client had only learned of the iPad once inside the aircraft, and merely entered the B-17 because of his passion for World War II memorabilia. A burglar would unlikely post on Facebook the destination of where the crime will be taking place prior to committing it. Therefore, we can determine it is unlikely Mr. Denton would be found guilty of intent to commit

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