3.2 Robbery, Burglary & Criminal Trespass

3.2 Robbery, Burglary & Criminal Trespass

Pennsylvania criminal law draws critical distinctions between crimes against property that endanger physical security (Robbery and Burglary) and unlawful intrusions that disrupt property rights without burglarious intent (Criminal Trespass). Officers must master these distinctions to properly evaluate intent, victim presence, and statutory grading.

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1. Robbery (§ 3701) & Robbery of Motor Vehicle (§ 3702)

Under 18 Pa.C.S. § 3701, a person is guilty of Robbery if, in the course of committing a theft, he inflicts or threatens violence upon another. The statutory phrase "in the course of committing a theft" includes conduct occurring during an attempt to commit theft, during the commission of theft, or in immediate flight after the attempt or commission.

Statutory Grading of Robbery (§ 3701(a)(1)):

1. Felony 1st Degree (F1) - Serious Bodily Injury (§ 3701(a)(1)(i)): Inflicts serious bodily injury (SBI) upon another. SBI is defined as bodily injury creating a substantial risk of death, or causing serious permanent disfigurement or protracted loss/impairment of bodily function.
2. Felony 1st Degree (F1) - Threat of SBI (§ 3701(a)(1)(ii)): Threatens another with or intentionally puts another in fear of immediate serious bodily injury. Brandishing a firearm, pointing a replica gun, or threatening to shoot someone during a bank or store robbery satisfies this element.
3. Felony 1st Degree (F1) - Felony Threat (§ 3701(a)(1)(iii)): Commits or threatens immediately to commit any felony of the first or second degree.
4. Felony 2nd Degree (F2) - Bodily Injury (§ 3701(a)(1)(iv)): Inflicts bodily injury (BI) upon another or threatens another with/puts another in fear of immediate BI (e.g., punching a victim or threatening to beat them up).
5. Felony 3rd Degree (F3) - Force However Slight (§ 3701(a)(1)(v)): Physically takes or removes property from the person of another by force however slight. This covers snatching a purse or tearing a chain from a victim's neck where physical contact or resistance is overcome without infliction or threat of bodily injury.
6. Felony 1st Degree (F1) - Financial Institution (§ 3701(a)(1)(vi)): Takes or attempts to take money, securities, or property from a bank, credit union, or savings institution by demand or threat.

Robbery of Motor Vehicle / Carjacking (§ 3702)

A person commits a Felony of the 1st Degree (F1) under § 3702 if he steals or attempts to steal a motor vehicle from the person or in the presence of a driver or passenger by force, intimidation, or threat of force. Unlike general theft of an auto (§ 3921 - F3), carjacking requires the vehicle to be taken directly from the physical presence of an occupant using force or coercion.

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2. Burglary (§ 3502)

Under 18 Pa.C.S. § 3502(a), a person commits Burglary if he enters a building or occupied structure, or separately secured portion thereof, with the intent to commit a crime therein.

Crucial Elements of Burglary:

1. Entry: Physical entry of any part of the body or an instrument controlled by the actor into the structure.
2. Building or Occupied Structure (§ 3501): Any structure, vehicle, or craft adapted for overnight accommodation of persons or for carrying on business therein.
3. Contemporaneous Intent: The intent to commit a crime (e.g., theft, assault, criminal mischief) must exist at the exact moment of entry. If an actor enters lawfully or without criminal intent and later decides to steal, it is NOT burglary (though it remains theft or trespass).

2012/2016 Statutory Grading Matrix for Burglary (§ 3502(a)):

Pennsylvania law categorizes burglary based on whether the structure is adapted for overnight accommodation, whether a person is present, and the specific criminal intent:

Statutory Defenses & Multiple Convictions (§ 3502(b) & (d))

• Affirmative Defense (§ 3502(b)): It is a complete defense to burglary if the building or structure was open to the public at the time of entry, or if the actor was licensed or privileged to enter.
• Multiple Conviction Bar (§ 3502(d)): A person may not be convicted of both burglary and the intended target crime (e.g., theft or criminal mischief) unless the intended crime constitutes a Felony of the 1st or 2nd Degree.

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3. Criminal Trespass (§ 3503)

When an unlawful entry occurs without the simultaneous intent to commit a crime inside, the offense constitutes Criminal Trespass under 18 Pa.C.S. § 3503.

1. Buildings and Occupied Structures (§ 3503(a)):

• Felony 3rd Degree (F3): A person commits an F3 if he gains entry into a building or occupied structure by subterfuge, surreptitiously remains inside, or breaks into any building/structure during a declared state of emergency.
• Misdemeanor 2nd Degree (M2): A person commits an M2 if he breaks into any building or occupied structure without privilege or license (e.g., smashing a window to enter a locked building just to sleep). "Breaks into" means gaining entry by force, threat, or breaking any outer opening.

2. Defiant Trespasser (§ 3503(b)):

A person commits defiant trespass if, knowing he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:

• Actual communication to the actor (verbal/written notice);
• Posting in a manner prescribed by law or reasonably likely to come to attention; OR
• Fencing or other enclosure designed to exclude intruders.

Grading: Misdemeanor 3rd Degree (M3) if the actor defies an order to leave personally communicated by the owner/authorized person; otherwise graded as a Summary Offense.

3. Simple Trespasser (§ 3503(b.1)):

A person commits a Summary Offense if he enters or remains upon land for the purpose of hunting, fishing, or unauthorized entry without notice required, after receiving notice against trespass.

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4. Comparison Matrix: Robbery vs. Burglary vs. Criminal Trespass