Burglary of Vehicles
The crime committed is called an offense against property. The crime is found in chapter thirty of the Texas Penal code under the statue of burglary and criminal trespass.
Specific Definitions and explanations of the Crime
Burglary of a vehicle is basically when an unknown individual breaks into your private property, which is your car. The main objective is to commit theft or felony to you, which is entirely illegal, according to the Texas state laws and provisions. The offense that is intended to be undertaken falls under a class misdemeanor. The crime has minimum term confinement in a state prison setting for six months (Moh, & Raju, 2019)
The offense can also turn out to be a state felony if the defiant has previously been convicted two more times of an offense under this section. Moreover, the battery is a third felony degree if the vehicle broken into is owned by a wholesale distributor of prescription of drugs and the actor breaks into or enters that vehicle with the intent to commit theft of a controlled substance (Gill, 2017)
The Acts Reus
The Acts Reus, in this case, is the act of breaking into someone’s vehicle against the owner’s permission. The action is high condemned as it is against the state’s rule of laws. A person that is found to be committing the act is attracting the long arm of the law to act on him. Not only the owner of the car is supposed to call the authorizes in such situations but also the general public is advised to blow the whistle if they see such an act in progress (Hruška & Hrušková, 2015, September)
The Men’s Rea
The Men’s Rea, for this case, is quite evident that the person is breaking into another person’s vehicle intended to do so. The statue the has documented about this law vividly states the person will be charged guilty as the person committing the crime is violating another person’s private space. The statue also was given examples of cases that have been decided upon at different settings previously before the official documentation of the Texas penal code, and the defendant, in those instances, was eventually found guilty.
A Case of Strict Liability
The crime being committed to burglary of vehicles is a case of strict liability. This is because the defendant has minimal grounds to support his claim that he was not violating another person’s private space and privacy, also not respecting their property. The only thing that the offending party needs to do is to prove that his rights were indeed violated (Duque & McKnight, 2019)
Punishment and Possible Legal Defenses
The punishment for burglary of a vehicle is a class an offense that is punishable for a one-year jail term and a four thousand dollar fine or both depending on the judgment. The possible legal defenses that can be applied is for the defendant to look for a competent counsel and convince the court that the act he committed was not intentional and maybe driven due to a health condition or being under the influence of something. That could be a valid reason that could salvage him (Senekal, 2016)
Duque, M., & McKnight, A. (2019). Understanding the relationship between inequalities and poverty: mechanisms associated with crime, the legal system, and punitive sanctions. LIP Paper, 6.
Gill, M. Demand Management Incentive Scheme(2017)
Hruška, L., & Hrušková, A. (2015, September). An innovative integrated approach to tackling social and safety risks in regions and municipalities. In Forum Scientiae Oeconomia (Vol. 3, No. 3, pp. 63-75).
Moh, M., & Raju, R. (2019). Using machine learning for protecting the security and privacy of the Internet of Things (IoT) systems. Fog and Edge Computing: Principles and Paradigms, 223-257.
Senekal, W. A. (2016). The value of vehicle tracking technology in the recovery of stolen motor vehicles (Doctoral dissertation).
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