Actus Reus/Mens Rea/Voluntariness Problems
The three scenarios below involve the crime of trespass. Each
raises the issue of whether there is guilt of either trespass in
the first degree or trespass in the second degree. The two
relevant statutes are below:
Trespass Statutes
§ 123.45 Trespass in the first degree
Whoever knowingly enters or remains unlawfully in a building or
inhabitable structure or upon real property of another shall be
guilty of a class B misdemeanor.
§ 123.50 Trespass in the second degree
Whoever enters unlawfully in a building or inhabitable structure
or upon real property of another shall be guilty of an infraction.
Scenario 1
Harry was recently divorced. During the divorce, his wife berated
him and called him a loser. Pursuant to the divorce decree, Harry
is prohibited from entering his ex-wife’s home. One recent
Saturday, his softball team won the city championships and he was
selected MVP. His team celebrated at a bar and after drinking more
than a few beers Harry really wanted to show the trophy to his
ex-wife. He went to her home (which used to be his home as well),
entered with a key he never returned, and sat on the couch waiting
for her to return. He fell asleep and when she returned and saw
him there, she called police. They arrived, woke him and arrested
him.
Has Harry met the requirements necessary for conviction of
criminal trespass in the first degree? Why or why not?
Has Harry met the requirements necessary for conviction of
criminal trespass in the second degree? Why or why not?
Trespass Statutes
§ 123.45 Trespass in the first degree
Whoever knowingly enters or remains unlawfully in a building or
inhabitable structure or upon real property of another shall be
guilty of a class B misdemeanor.
§ 123.50 Trespass in the second degree
Whoever enters unlawfully in a building or inhabitable structure
or upon real property of another shall be guilty of an infraction.
Scenario 2
Fred, a thirty-five year old male, was recently divorced and lives
alone. He enjoys playing baseball. One Saturday, while playing in
a city park, he was hit with a ball and became dizzy. A doctor at
the field checked him out and determined that he had a concussion.
One of the people on the team, Eddie, offered to take him home.
Fred went into the car and appeared to fall asleep (he may
actually have passed out). Eddie looked in Fred’s wallet for his
driver’s license to get his address. It listed 345 Main Street,
and Eddie proceeded to that location. On arrival, Eddie rang the
doorbell, but there was no response. The door to the house was
unlocked, so Eddie opened the door and carried Fred inside. He
left him asleep (passed out) on the couch.
Actually, 345 Main is not Fred’s current address. It is the
address where he formerly resided with his wife (now his ex-wife).
Pursuant to the divorce decree issued after a heated divorce, Fred
is prohibited from being in his ex-wife’s house. Before Fred can
awake (regain consciousness), his ex-wife arrives home. She finds
Fred and calls the police, who arrive just as he awakens (regains
consciousness) and place him under arrest.
Has Fred met the requirements necessary for conviction of criminal
trespass in the first degree? Why or why not?
Has Fred met the requirements necessary for conviction of criminal
trespass in the second degree? Why or why not?
Trespass Statutes
§ 123.45 Trespass in the first degree
Whoever knowingly enters or remains unlawfully in a building or
inhabitable structure or upon real property of another shall be
guilty of a class B misdemeanor.
§ 123.50 Trespass in the second degree
Whoever enters unlawfully in a building or inhabitable structure
or upon real property of another shall be guilty of an infraction.
Scenario 3
Violet, a thirty year old woman who lives alone, enjoys playing
softball. One Saturday, while playing in a city park, she was hit
with a ball and became dizzy. A doctor at the field checked her
out and determined that she had a mild concussion. A teammate,
Liz, offered to drive her home. Violet went into Liz’s car,
feeling somewhat dizzy and groggy. Violet gave Liz her address,
which was 2345 Brompton Mews, a brownstone a mile from the park.
Liz proceeded to that location. The brownstone is in an area of
similar houses on several intersecting streets. Liz thought she
had arrived at 2345 Brompton Mews, but she had arrived at 2354
Brompton Lane, an identical brownstone a block away. Violet exited
the car, still feeling dizzy, opened the door to the brownstone
which was unlocked and entered. She felt a bit disoriented and
went directly into the bedroom, where she fell asleep on the bed.
About ten minutes later, the tenant returned home to 2354 Brompton
Lane and discovered Violet in her bed. She called the police, who
came and arrested Violet.
Has Violet met the requirements necessary for conviction of
criminal trespass in the first degree? Why or why not?
Has Violet met the requirements necessary for conviction of
criminal trespass in the second degree? Why or why not?