Breaking and Entering/Theft???

[Logan]

I’ve known this crazy dancer for over a year now. She has previous arrests for illegal substances and been in rehab multiple times, but I have a soft spot in my little head for her quickie services. She is very talented orally. Anyway…

…I get a call from her needing money and we work out an arrangement of how she can satisfy my oral needs. Things get off to an awkward start when she asks me to pick her up in a used car lot where her pimp/daddy/manager or whatever is looking to purchase a car. There were some very shady characters she was associating with, so I pick her up and hope to park for a quick bj. But, as we are driving….we spot LE and the crazy dancer ducks down in my car to hide from LE…uh oh…

…so, I was nervously looking in my rear-view mirror for LE to turn around and tail us – not fully knowing what this dancer has in her big bag. I highly suspected some illegal substances, so I was really nervous with her in my car. This dancer recommends that we go to “her house” which is in North FW. Now, knowing this dancer, I seriously doubted that she had any type of house of her own, but said she was living at some house….

…I agree becuz I thought it was safer than parking somewhere…so….we drive and it takes about 20 minutes to get to this rather nice house. No way this dancer lived here and I highly suspected this house belonged to one of her tricks. This crazy dancer wore the key to the front door around her neck, so maybe she was in fact living here. I nervously park…and…

…she assures me that no one is home. We head in and I see the large pool in the back and notice that there is no home security system (or so I hoped!). It’s a big house and I wonder whose house I’m really in. I see pictures of this guy around the house and hope the hell he doesn’t greet me around the next corner! I’m nervous and biting my nails and nearly shit my drawz when this dancer tells me we can "do it" in the guy’s daughter’s room becuz she is staying in her room. WTF!!!! So…

…we head into the daughter’s room and there is spread on the bead and the bed looks like it hasn’t been slept on by any visitor, such as this crazy dancer. I’m assuming that this guy’s daughter was teenage age, but sure was hoping she didn’t come home early from school and walk in on this shit! So…

…this crazy dancer tells me to relax, so I pull down my pants and manage to get hard while I sit my nasty azz on this teen girl’s bed. This crazy dancer gets totally nude and starts suckin’ my cock. She gives a nasty and sloppy bj, but soon wanted to have sex which I declined since she didn’t have any protection. She asked again, but I refused, but nervously had her continue performing oral sex. I was sweating bullets hoping that the guy or his daughter didn’t come home and catch us in the act…

….I managed to rub out a nut and not sure if she swallowed or not. I can’t recall if she spit on the floor in a corner or spit elsewhere in the room. I quickly hop up and wipe the bed for any pubic hair or "nervous" fecal matter that I might have left and tell this crazy dancer to hurry up. But…

…this crazy dancer goes through this girl’s closet and starts stuffing her bag with clothes and shoes. WTF! I told her to hurry up, but think this dancer was on a “shopping spree” in this house. I again yell at her but she takes more stuff out of the closet and as we start to head out, she stops in the bathroom to take a hairdryer and some other toiletries. I got the impression she didn’t plan on returning for awhile…if ever. He he. We quickly head out and I was wondering whose house that really was and if she had permission to even be in that house…

…..so I was wondering was I involved in any crimes by entering this house, using the daughter’s bed for sexual activities and letting the dancer take items from the house with her??? She had a key to the house, but not sure where she obtained it. I hope that I didn't do anything foolish????? he he

[Chica Chaser]

More than likely, her being in the house was OK, since she had a key. Her rummaging through closets and taking stuff was definitely theft however. I'm wondering what the homeowner was thinking giving a stripper (particularly one with a pimp) the key though!

You sure do get yourself into some "awkward" situations!! LOL!

I quickly hop up and wipe the bed for any pubic hair or "nervous" fecal matter that I might have left and tell this crazy dancer to hurry up.

[acp5762]

Originally Posted by Logan

I’ve known this crazy dancer for over a year now. She has previous arrests for illegal substances and been in rehab multiple times, but I have a soft spot in my little head for her quickie services. She is very talented orally. Anyway…

…I get a call from her needing money and we work out an arrangement of how she can satisfy my oral needs. Things get off to an awkward start when she asks me to pick her up in a used car lot where her pimp/daddy/manager or whatever is looking to purchase a car. There were some very shady characters she was associating with, so I pick her up and hope to park for a quick bj. But, as we are driving….we spot LE and the crazy dancer ducks down in my car to hide from LE…uh oh…

…so, I was nervously looking in my rear-view mirror for LE to turn around and tail us – not fully knowing what this dancer has in her big bag. I highly suspected some illegal substances, so I was really nervous with her in my car. This dancer recommends that we go to “her house” which is in North FW. Now, knowing this dancer, I seriously doubted that she had any type of house of her own, but said she was living at some house….

…I agree becuz I thought it was safer than parking somewhere…so….we drive and it takes about 20 minutes to get to this rather nice house. No way this dancer lived here and I highly suspected this house belonged to one of her tricks. This crazy dancer wore the key to the front door around her neck, so maybe she was in fact living here. I nervously park…and…

…she assures me that no one is home. We head in and I see the large pool in the back and notice that there is no home security system (or so I hoped!). It’s a big house and I wonder whose house I’m really in. I see pictures of this guy around the house and hope the hell he doesn’t greet me around the next corner! I’m nervous and biting my nails and nearly shit my drawz when this dancer tells me we can "do it" in the guy’s daughter’s room becuz she is staying in her room. WTF!!!! So…

…we head into the daughter’s room and there is spread on the bead and the bed looks like it hasn’t been slept on by any visitor, such as this crazy dancer. I’m assuming that this guy’s daughter was teenage age, but sure was hoping she didn’t come home early from school and walk in on this shit! So…

…this crazy dancer tells me to relax, so I pull down my pants and manage to get hard while I sit my nasty azz on this teen girl’s bed. This crazy dancer gets totally nude and starts suckin’ my cock. She gives a nasty and sloppy bj, but soon wanted to have sex which I declined since she didn’t have any protection. She asked again, but I refused, but nervously had her continue performing oral sex. I was sweating bullets hoping that the guy or his daughter didn’t come home and catch us in the act…

….I managed to rub out a nut and not sure if she swallowed or not. I can’t recall if she spit on the floor in a corner or spit elsewhere in the room. I quickly hop up and wipe the bed for any pubic hair or "nervous" fecal matter that I might have left and tell this crazy dancer to hurry up. But…

…this crazy dancer goes through this girl’s closet and starts stuffing her bag with clothes and shoes. WTF! I told her to hurry up, but think this dancer was on a “shopping spree” in this house. I again yell at her but she takes more stuff out of the closet and as we start to head out, she stops in the bathroom to take a hairdryer and some other toiletries. I got the impression she didn’t plan on returning for awhile…if ever. He he. We quickly head out and I was wondering whose house that really was and if she had permission to even be in that house…

…..so I was wondering was I involved in any crimes by entering this house, using the daughter’s bed for sexual activities and letting the dancer take items from the house with her??? She had a key to the house, but not sure where she obtained it. I hope that I didn't do anything foolish????? he he

Well, She had a key right. Ok , I live in Louisiana and I think that Texas criminal code must be close. Burglary of an Inhabited Dwelling is the crime you are most concerned about and did you possibly commit that crime. The answer is no. Burglary is defined as the entering of any Dwelling, enclosed structure, Vehicle or watercraft, by use of force with the intentions of committing a Theft or Felony therein. Now the only crime that she possibly had committed and you being along with her would be Unauthorized Entry.

[acp5762]

Oh the close she took. You really didn't elaborate on whether those items were hers or the home owners daughter. So lets look at it both ways. If she had legal access to go into the house and took her own close I see no problem. But even if she had legal access to the house and took the home owners daughter's property that would be Theft depending on the value of the clothing it would be either Felony over 100.00 or more, Misdemeaner Theft less than 100.00 Now even though she has a key, we really don't know how or why she has it. But if she really wasn't suppose to be there all together and that can be proven by the homeowner, which wouldn't be hard, cause she could have stolen that key at one point in time. Anyway just going in to screw around that would be by Law Unauthorized Entry, If a Theft or Felony was committed then you have Burglary. So taking the close if they didn't belong to her would put her as committing the Crime of Burglary a Felony Crime. As far as you well you really could be charged with being an accessory to the fact. But since specific intent in any crime is a factor it could be easily shown you had no intentions of committing a Theft or Felony therein. Being no force was needed to make entry and she had a key would lead any prudent person to believe she had the right to make legal access to the residence.

[guest032712]

aiding and abetting or acting as an accessory would be the charge i would be concerned with. but, considering you were wearing gloves and left zero finger prints....deny deny deny

[atlcomedy]

You ever consider she might be "the daughter"???

Lot of young adults get messed up with "an element" that come from a nice upper middle class family.

If the family has a big house with no need for the room, it isn't unusual to keep it for a daughter that has moved out. Heck, many "students" are well into their mid-20's.

She may have taken you there in the middle of the afternoon because she was she was certain it would be empty.

[acp5762]

Originally Posted by alex_0591

aiding and abetting or acting as an accessory would be the charge i would be concerned with. but, considering you were wearing gloves and left zero finger prints....deny deny deny

No it wouldn't be Aiding and Abetting because only one person had real knowledge of what their true intentions were.

[Chica Chaser]

ATL, you are a smart MF sometimes! That did not occur to me but its very plausible.

But Logan does get himself into some shit!

[acp5762]

Originally Posted by atlcomedy

You ever consider she might be "the daughter"???

Lot of young adults get messed up with "an element" that come from a nice upper middle class family.

If the family has a big house with no need for the room, it isn't unusual to keep it for a daughter that has moved out. Heck, many "students" are well into their mid-20's.

She may have taken you there in the middle of the afternoon because she was she was certain it would be empty.

Well that would be quite possible. Now I can only speak for myself but if I was in the situation as the original poster I would be asking a slew of questions. He on the other hand did not.

[niceguy]

Logan I think you may have been very lucky.

This narrative has all kinds of possibilities and many of them not very good.

Glad you got out of there untouched so to speak.

[heidilynnla]

Didn't you think it was pretty stupid to go anywhere with this girl? Red flags all over the place!!! Geez! That little head will " get you" every time.

[Chica Chaser]

Heidi, you must not be familiar with Logan and his legendary exploits! LOL!!

[niceguy]

Originally Posted by Chica Chaser

Heidi, you must not be familiar with Logan and his legendary exploits! LOL!!

There is no doubt Logan was a true legend on ASPD, and his adventures were terrific reading.

Many of his posts were true classics.

I have not followed him quite as close on ECCIE as I am not sure where he does most of his posts now.

[ShysterJon]

Logan's story reminded me of the flashback scene in "The Godfather Part II" where Clemenza takes young Vito Corleone into the rich man's house to steal a rug for Vito's wife to thank him for hiding Clemenza's guns.

Logan asks if he may be held criminally liable for burglary of a habitation. I say no, whether or not Logan's playmate was permitted to be in the house, and whether or not she was given permission to remove items from the house.

I think some of the comments in this thread that concentrate on what Logan's playmate was thinking or doing miss the point of his question, which relates to HIS conduct and mental state, not the girl's.

The Texas burglary statute provides, in relevant part, as follows:

Texas Penal Code Sec. 30.02. BURGLARY.
(a) A person commits an offense if, without the effective consent of the owner, the person:
(1) enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault; or ...
(3) enters a building or habitation and commits or attempts to commit a felony, theft, or an assault. (Emphasis added.)

See Texas Penal Code § 30.02.

Logan did not commit the offense of burglary because he did not enter the house with the intent to commit a felony, nor did he commit a felony while he was in the house. Also, he had a reasonable belief that the provider had permission to enter the house because she had a key (which also should prevent Logan from being charged with trespassing). Finally, even if Logan believed the girl did not have permission to remove items from the home, he was under no legal duty to prevent the provider from removing the items. However, if he assisted the girl in removing the items, he could be charged with theft under the Texas law of parties, which sets forth the situations where one person may be held criminally responsible for the conduct of another. However, the mere presence of a person at the scene of a crime does not make them liable under the law of parties.

Note: Louisiana law is irrelevant to answer Logan's question. In Texas, to be convicted of burglary does NOT require proof of forcible entry. Also, in Texas, there is no such thing as a defendant being an "accessory to the fact" (or, correctly, "accessory after the fact") or "aiding and abetting." Applying laws from one state to fact situations in another state is confusing and misleading and leads to inaccurate advice, in my view.

[Shackleton]

I suspect ShysterJon's legal analysis is correct if the fact finder believes what happened is as Logan says it happened. I'm not so sure that Logan wouldn't be of interest to the police and/or prosecutors if the gal he was with in fact didn't have permission to enter the house or take the clothes. So, while Logan may in fact be innocent of any felony criminal action and it seems unlikely he'd ever be convicted of anything, I would not want to be in Logan's shoes if the gal was committing burglary and the police came calling.