For this assignment, read the followingFacts,Elements of BurglaryandElements of Larceny.

Facts

• Bailey has been fired from his job as a clerk at an electronics store.
• Bailey is angry and decides to break into the store and steal some Apple laptops.
• On the night Bailey is going to break into the store, Bailey is feeling nervous and drinks a 6-pack of beer to calm his nerves. Bailey becomes very drunk.
• He goes to the store. The store is closed, so he breaks a window and enters the store.
• As soon as he enters the store, he passes out for an hour. When he wakes, he forgets why he is in the store and leaves.
• On his way out, he sees one of the store's iPhones on a display case. He mistakenly believes it is his iPhone and that he accidentally put it on the display case. He picks up the iPhone and leaves the store.
• Bailey is arrested outside of the store and later charged with burglary of the store and larceny of the iPhone.

Elements of Burglary

• actus rea:The defendant broke into a commercial establishment during non-business hours.
• mens rea:When the defendant broke into the commercial establishment, he intended to commit a felony (in this case, larceny).

Elements of Larceny

• actus rea:The defendant took property owned by someone else without the owner's consent.
• mens rea:When the defendant took the property, he intended to not give it back to the owner.

Answer the following questions:

1. Did Bailey commit the crime of burglary? Explain why or why not.
2. Did Bailey commit the crime of larceny? Explain why or why not.