St. Louis homeowner kills 15-year-old burglar

[Jeebus]

Yes it does.

Depends on the state. In Pennsylvania, all burglary is a felony.

It's the intent of the perp - any forcible entry into a structure without permission, with intent to commit larceny is burglary. If the structure is a dwelling house, if it is occupied, if the intent is to murder or rob, or light a fire, or just to get warm and sleep on the floor - all of that can determine a felony or misdemeanor in other states.

[Baltimatt]

Yes it does.

I think that varies from state to state and if there was a felonious intent (to carry out another felony). Just breaking into an abandoned building seeking shelter may not be a felony, and falling down steps is not the same as being actively killed.

[Mom49of4]

I think that varies from state to state and if there was a felonious intent (to carry out another felony). Just breaking into an abandoned building seeking shelter may not be a felony, and falling down steps is not the same as being actively killed.

I hear what you are saying but I was surprised when I asked my husband and got his response.

[banner1124]

Yes it does.

Yes what does?

Nevermind... after reading a few more posts I get what you were saying. I don't agree given the example to which I was responding. In that example the building is abandoned and there is no burglary involved.

[banner1124]

At first glance my guess was white since it was in Tennessee.

Really Fang?

[Mom49of4]

I was responding to your post about the abandoned building.

[Baltimatt]

I hear what you are saying but I was surprised when I asked my husband and got his response.

What was his response? Was he referring to Maryland or in general? Did you run regularguy's scenario by him?

Law can be very nuanced, so there is often no one answer for a general or hypothetical question.

[banner1124]

I was responding to your post about the abandoned building.

Yup... I'm a little slow this morning... had to read a couple of posts afterwards to figure it out

[Mom49of4]

What was his response? Was he referring to Maryland or in general? Did you run regularguy's scenario by him?

Law can be very nuanced, so there is often no one answer for a general or hypothetical question.

Yes I did and he said it came under felony law and that Jeebus did a good job of explaining things.

[Baltimatt]

Mom--Ask him again. Fourth degree burglary in Maryland is a is a misdemeanor.

Md. CRIMINAL LAW Code Ann. § 6-205

[RavnFreek]

That is the law.

And a great law IMO. I think we should consider the same here in Maryland.

[Omaha Beach]

While I agree that the homeowner shouldn't be charged with a crime for shooting an intruder on his property, why not just charge the other suspect with Burglary?

Its called felony murder. If you are committing a felony and in the course of it someone is killed, even a fellow criminal, you can be charged with murder.

[Mom49of4]

Its called felony murder. If you are committing a felony and in the course of it someone is killed, even a fellow criminal, you can be charged with murder.

That is exactly what my husband (who used to post here) said.

[Baltimatt]

Its called felony murder. If you are committing a felony and in the course of it someone is killed, even a fellow criminal, you can be charged with murder.

I think we've already covered that pretty well, but you might want to respond to some of the other questions raised in the thread.

[bullmikey]

1am. Not smart. And then he confronts the homeowner when caught. What the hell kind of burglar is this??

A punk-stupid 15-year-old kid, obviously.

It's the punk's fault, I agree. Nevertheless, it's sad.

[banner1124]

A punk-stupid 15-year-old kid, obviously.

It's the punk's fault, I agree. Nevertheless, it's sad.

It is sad isn't it? I think that kind of gets lost in these discussions most times.