Also known as: another's dwelling · dwelling house of another
Written by attorneys · grounded in primary & secondary sources — see below
A structure that a person other than the defendant regularly uses for sleeping or habitation. Occupancy by that person rather than legal title determines whether the structure qualifies as belonging to another.
Rosa used her master key to enter Daniel's hotel suite at 3 a.m. Daniel lived in the suite year round as his residence even though the hotel rented it to guests when he traveled. Because Daniel occupied the suite for sleeping, it qualified as the dwelling of another for common law burglary purposes.
Brian unlocked and entered the preserve's monitoring station late at night after his contract ended. The station contained a cot occasionally used for overnight stays by field scientists. The presence of the cot made the structure the dwelling of another under the Model Penal Code grading provision even though its primary use was work-related.
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Occupancy controls. A structure qualifies as the dwelling of another when a person other than the defendant regularly uses it for sleeping regardless of who holds legal title.
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Yes. A hotel suite qualifies when the occupant lives there year round for sleeping even if the hotel rents it to guests during travel. A mixed-use building qualifies when it contains an apartment regularly used as a residence.
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It can. A monitoring station with a cot used for occasional overnight stays during extended work periods may qualify as a dwelling of another for grading purposes under the Model Penal Code.
Supporting sources
…you the jury of four elements beyond a reasonable doubt. That the defendant as an aider and abettor unlawfully entered the dwelling house of another. In other words, he doesn't have to physically go there himself if he aided/abetted the entry." [^maj-6]: The defendant also argues that the prosecutor misstated the evidence by arguing…