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ICJI 511

Burglary

activein force · 2024-01-01 – presentas-observed

ICJI 511 BURGLARY

In order for the defendant to be guilty of Burglary, the state must prove each of the following:

1. On or about [date]

2. in the state of Idaho

3. the defendant [name] entered [place entered], [and]

4. at the time entry was made, the defendant had the specific intent to commit [theft] [name of other felony].

If any of the above has not been proven beyond a reasonable doubt, you must find the defendant not guilty. If each of the above has been proven beyond a reasonable doubt, then you must find the defendant guilty.

Comment

I.C. � 18-1401.

This instruction reflects the 1992 legislative consolidation of first-degree burglary and second degree burglary into a single offense of Burglary. 1992 Sess. Laws, ch. 167, � 1. The consolidated offense is applicable to those crimes of burglary occurring on or after July 1, 1992.

If the pertinent offense in number 4 is not charged as a separate count, the court should give an appropriate instruction defining that offense, e.g., ICJI 574 (Theft).

Provenance

Source
isc.idaho.gov
Retrieved
2026-08-21
Edition
2026-08-20
Content hash
976a790586a46893cfbfaf3b6c46fe647ae186499cd8abea5f4188d4379d6ae3
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