Course: Introduction / Criminal Law
A dwelling house is a structure that someone lives in as opposed to a commercial structure or an abandoned house.
In criminal law, the concept of a dwelling house is a critical component of several offenses, particularly burglary. A dwelling house is typically defined as a structure that someone lives in, as opposed to a commercial or industrial structure or an abandoned or unoccupied building. The definition of a dwelling house varies from jurisdiction to jurisdiction, but it generally includes houses, apartments, trailers, and other structures that are used as homes.
The concept is crucial in the crime of burglary, which involves unlawful entry into a structure with the intent to commit a crime inside. In many jurisdictions, burglary is a more serious offense when the structure entered is a dwelling, as opposed to a non-residential building. For example, some states have laws that classify burglary of a dwelling as a first-degree felony, while burglary of a non-residential building is a lower-degree offense.
The dwelling house requirement can also come into play in other criminal offenses, such as arson. Arson laws typically define the crime as the intentional or malicious burning of a dwelling or other structure. This is because burning a dwelling house carries a higher risk of harm to human life than burning a non-residential building.
Courts have had to grapple with the question of what constitutes a dwelling house in various contexts. For example, in some cases, courts have had to decide whether a structure used solely as a vacation home counts as a dwelling. The answer may depend on factors such as how frequently the home is occupied, whether it has utilities such as running water and electricity, and whether it is furnished.
Another issue that can arise is whether a structure that is connected to a dwelling, such as a garage or shed, should be considered part of the dwelling house for criminal law purposes. This can be important in cases where a person breaks into a garage or shed with the intent to commit a crime inside, but not necessarily in the dwelling itself.
In conclusion, the concept of a dwelling house is a critical one in criminal law, particularly in offenses such as burglary and arson. While the definition of a dwelling house can vary from jurisdiction to jurisdiction and can be subject to interpretation, it generally refers to a structure that someone lives in, as opposed to a non-residential building.
Learn More
On This Site
[ Glossary ]
Last Modified: 04/10/2023