elements of the offense?

Question

What is meant by the term “elements of the offense” and what are those elements?

Answer 1

Each crime has certain elements -- parts -- all of which must be proven for the crime to occur.

Example -- burglary is defined (generally) as "breaking and entering into the dwelling house of another with the intent of committing a felony or theft therein"

So....to be guilty of burglary, the defendant must have

broke -- created an opening into the house
entered -- without permission
dwelling house -- where someone lives
of another -- not where they themselves live
with the intent -- not accidentally
of committing a felony/theft -- not for any other reason

So, let's say the defendant broken and entered into your house to watch tv -- that's not burglary because one element is missing -- the reason the broke in was not to commit a felony or theft

So, the person might be guilty of trespass, but not burglary.

Elements are like a checklist. All must be proven for the crime to apply.