Main Content

Criminal Law

Theft and Burglary

We start this subsection with burglary. The Sparks case shows us that burglary can include any target felony, not just theft, as we often think of it. To warn you, the target felony here is a rape--but we need not focus on its details other than to understand that there is a target felony.

But it also llustrates other aspects of burglary, as you will see. In addition, we will use to the Sparks case to further practice finding a holding and the reasons for the holding. As you read Sparks, consider whether the cases the court cites actually support its ultimate legal rule, or whether those cases support another legal rule.

The two subsequent cases, Moon and Perry consider nuances of theft. Each elaborate upon or even alter the definition of theft. Make sure to identify how the definitions have been altered or adapted and, as important, why.