Can a burglary of a church be indicted as a 2nd Degree if the Indictment charges that the church is "the House of God"?

Who will you subpoena to prove ownership/greater right to possess?

Under 803(16), I would cite Matthew 16:18.

The statute requires the structure be adapted for the overnight accomodation of persons. If there is a bedroom somewhere in the building or any attached part of the structure, you could show it was a habitation. However, simply alleging the "House of God," while adding a certain gravitas, will probably not do the trick.

quote:

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Originally posted by Michael Hess:
Under 803(16), I would cite Matthew 16:18.

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"And I tell you that you are Peter, and on this rock I will build my church, and the gates of Hades will not overcome it."

Not sure how that does the trick, either.

My response was to the ownership question. I tried to put one of those happyface things next to my response, but I am technologically challenged.

Hey, I did it!!!

"I am about to build a house for the name of the LORD my God, dedicating it to Him."
(After the House was finished) "Then the house, the house of the LORD, was filled with a cloud, so that the priests could not stand to minister because of the cloud, for the glory of the LORD filled the house of God."
2 Chronicles 2:4; 5:13-14.

So, it appears that if the builder intended for God to live there and God made his presence felt in some meaningful way, that constitutes the "House of God." Makes sense to me. Would make for a fun jury trial!

You are probably in much better shape if the church has been used as an emergency shelter (snow storms, hurricane, etc.). A lot of chuches now alos have a youth or activity center with a bathroom that has showers, and many have a kitchen, so you may look at those factors as well.

The word build in Matthew 16:18 comes from the Greek word 'oikodomeo' to be a house-builder.

oiokov - a house, an inhabited house, home, the house of God, any dwelling place.

Sounds like a good argument, except 'church' ['ekklesia'] means 'called out ones' or assembly, not a building, raising a virtually insurmountable jurisdictional defense. Motion to dismiss granted.

[This message was edited by Waco on 12-29-07 at .]