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Intent To Commit Crime If Opportunity Arises
Not An Element Of The Offense
*Modify 3rd ¶ and Elements of CJ 16.447 as follows [deleted language is between << >>]:
The word “loitering” means to delay or linger without a lawful purpose for being on the property <<and for the purpose of committing a crime as opportunity may be discovered>>.
In order to prove this crime, each of the following elements must be proved:
1. A person delayed, lingered, prowled, or wandered upon the private property of another;
2. The person did so without a lawful purpose for being on the property; AND
<<3. The person had a specific intent to commit a crime if [he] [she] discovered the opportunity to do so; and>>
3. <<4.>> The person<<, while doing so,>> peeked in the door or window of any inhabited building or structure located thereon.
Points and Authorities
See In re Joshua M. (2001) 91 CA4th 743, 747 [110 CR2d 662].