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Model Penal Code and Commentaries (Official Draft and Revised Comments) Part Two - Definition of Specific Crimes - V 2 - Offenses Against Property

NCJ Number
Date Published
505 pages
The revised and expanded edition of the American Law Institute's Model Penal Code is presented; this volume focuses on offenses against property, such as arson, and offenses against the family, such as incest.
The original Model Penal Code, completed in 1962, stimulated the widespread revision and codification of the substantive criminal law of the United States. Thirty-four State codifications or revisions have now drawn upon the model as have sustained congressional efforts to produce a Federal criminal code. The areas of penal law involving offenses against property and those against the family are addressed in volume two of this revision. Major subject categories include arson, criminal mischief, and other property destruction; burglary and other criminal intrusion; theft and related offenses; forgery and fraudulent practices; and offenses against the family. Each major subject category, termed articles, is further divided according to more specific topics in a logical progression. For example, the burglary article begins with definitions of terms which are used throughout the category, such as occupied structure and night. Burglary itself is then defined. A person is guilty of burglary if he enters a building or occupied structure or separately secured or occupied portion thereof with the purpose of committing a crime therein unless the premises are open to the public or the person is licensed to enter. Commentary follows each statement of the law. For example, that following the definition of burglary covers such issues as antecedent legislation, rationale, elements of the offense, and multiple convictions. Commentaries generally explain complex issues related to the statement of law, reasoning involved in establishing the statement of law, and relevant State code and case law provisions. This uniform format is maintained throughout the volume. Footnotes are provided in the work.