Elements of a Crime

If you were to take a criminal statute and break it down into each of the parts that the prosecution has to prove beyond a reasonable doubt, each part would be considered an element of that crime. For example, burglary might be defined by a statute as "entering a building or occupied structure, with the purpose of committing a crime, unless the premises are open at that time to the public, and the person has a privilege or license to enter. The State would have to prove: (1) that the person entered a building or occupied structure; (2) with the purpose of committing a crime; (3) the premises were not open to the public at the time; and (4) the person did not have a privilege or license to enter. The concept of breaking a crime down into elements is important for at least three reasons. The first is that it makes it easier for a decision to be made by the jury, or the judge in a non jury case, as to whether the state proved beyond a reasonable doubt that the crime was committed by the person charged. Proof will be presented by the State regarding each element of the crime. The second is that a person might be found guilty of a lessor included offense. For instance, if the State can prove that the defendant entered a building when the premises were not open to the public, and the defendant did not have a privilege or license to enter the building, but cannot prove beyond a reasonable doubt that the purpose was to commit a crime, it may be possible to convict the person of trespass. The third reason is that the State cannot use that same set of circumstances to convict the person of both burglary and trespass, since the trespass is a lessor included offense of the burglary.