The legal definition of a crime involves the elements of the criminal acts that must beproven in a court of law if the defendant is to be found guilty. For the most part, commoncriminal acts have both mental and physical elements, both of which must be present if the actis to be considered a legal crime.5 The following definition of the crime of burglary in thenighttime, as stated in the Massachusetts General Laws6, is an example of the mental andphysical elements of the substantive criminal law:
Whoever breaks and enters a dwelling house in the nighttime, with intent to commit a
felony7, or whoever, after having entered with such intent, breaks such dwelling house in
the nighttime, any person being lawfully therein, and the offender being armed with a
dangerous weapon at the time of such break or entry, or so arming himself in such house
or making an actual assault on a person lawfully therein, (commits the crime of burglary).
The elements of the crime are.
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