Burglary for Sex--Criminal Justice Humor

Jan 11 '08    Write an essay on this topic.


The Bottom Line As Davy Crockett said, "Be sure you're right, then go ahead."

Occasionally a case comes across my desk that actually makes me laugh out loud. Not often, mind you, but occasionally. This is such a case.

My client was drinking in a local bar and he met a female who interested him. They hit it off rather well as the evening proceeded, and after stepping outside to smoke a little weed together, they decided that it would be a good idea to go somewhere and get naked.

For certain understandable reasons (they each had others residing in their respective apartments), they needed a neutral place for the tryst. My client remembered that a friend of his who lived nearby was usually amenable to allowing friends to use his facilities, so they ambled over to his house.

My client knocked on the door, and receiving no answer, he decided that no harm would be done by climbing up to the open second floor window and entering that way. Libido ablaze, he made his way into the building and graciously opened the front door for his new friend to join him in the bedroom. Nature took its course, or tried to.

The blissful moment was interrupted by a knock at the door. Apparently a neighbor had observed the second story entrance, and called in a burglary report to the police. My client, high as a proverbial kite, actually took the trouble to answer the door without a stitch of clothing on. The amused police officer immediately arrested him for the presumed burglary.

It turned out that, although my client was unaware of this fact, his friend, the tenant of the place, had only that week moved to another location. So technically, my client did not have permission to enter the premises, although he thought he did.

The DA later decided to accept our explanation and drop the burglary charge down to trespassing. It would only have been a burglary if there had been an intent to commit a crime while in the premises, and the totality of the evidence did not lead to such a conclusion.

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