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1. At what point does marriage give a spouse the right to enter the property of his or her marriage partner? According to the information given in the early discussion, it clearly states that a spouse cannot be committed of burglary if the spouses are still legally married. This does not include legal separations or divorces. Also, the other must allow the entrée of the spouse. While the offense [of burglary] is not committed by one who breaks and enters his own dwelling or other building, it has, however, also been held that the mere existence of the marriage relationship does not preclude the one spouse from committing burglary against the other spouse.
2. What test did the court apply in order to determine that the husband had no right to enter the home? The test the court applied in order to determine that the husband had no right to enter the house was the fact that a husband, although physically but not legally separated from his wife, can be guilty of burglary when his presence is not welcomed, as well as with the intent to commit an offense, such as the sexual assist he committed.
Burglary, like trespass, is an offense against the possession, and hence the test for the purpose of determining in whom the ownership of the premises should be laid in an indictment is not the title, but the occupancy or possession at the time the offense was committed. A person “enters or remains unlawfully” in or upon premises when he is not licensed, invited or privileged to do so.
3. Are there other relationships that should also hold special legal status, as the establish privileges similar to those of legal spouses at issue in this case? What challenges are involved in enforcing such privileges? The other relationships that should also hold special legal status as the established privileges similar to those of legal spouses would be couples who are considered “boyfriend and girlfriend”, that are living together, or in some way roommates. Any relationship between two people that share a dwelling, or other major items should hold special legal status to ensure that there is fairness in the use of the item(s). These types of relationships make it difficult to enforce such privileges because of the lack of legal statutes they hold within the state.
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