Also known as: night-time · night time
Written by attorneys · grounded in primary & secondary sources — see below
The period during which a person cannot discern another’s facial features by natural light.
Select any source to read its text and confirm it supports the definition.
Nestor Navarro approached a trailer home after the sun had set. A faint horizon glow still allowed a nearby observer to discern facial features without artificial light. Because the prosecution could not prove the entry occurred when facial features were indiscernible, the nighttime element failed and the burglary charge was dismissed.
Natalie Norris used a pry bar to enlarge a window opening on a trailer after full darkness had fallen. At that hour no natural light permitted discernment of facial features. The entry therefore satisfied the nighttime requirement for common law burglary.
Noah Nakamura broke into a home at a time when natural light no longer revealed facial features. An officer arriving on scene considered using deadly force. The nighttime character of the burglary supplied one circumstance but did not alone justify the force under prevailing standards.
Noreen Nguyen entered a residence after dark when facial features could not be discerned by natural light. Officers later seized an automobile parked outside without a warrant. The nighttime burglary supplied probable cause but did not create exigent circumstances excusing the warrant requirement.
Nathan Nguyen was convicted of common law burglary committed when natural light no longer allowed discernment of facial features. The resulting life sentence without parole triggered proportionality review. The nighttime element contributed to the offense gravity but did not automatically sustain the sentence length.
Natasha Nielsen committed a breaking and entry after dark when facial features were indiscernible by natural light. Officers arrested her inside the dwelling without a warrant. The nighttime timing supported probable cause but required separate justification for the warrantless entry into the home.
Nighttime is the period when a person cannot discern another’s facial features by natural light. The definition focuses strictly on visibility rather than clock hours or sunset. Courts apply the test to the precise moment of entry.
Supporting sources
The nighttime element is not satisfied. In one essay hypothetical the sky retained enough glow for facial features to be discerned, so the burglary charge failed even though other elements were met. The prosecution must prove the visibility threshold was crossed.
Supporting sources
Yes. Common law burglary requires entry of the dwelling of another at nighttime. The structure must be used regularly for sleeping by someone other than the defendant, and the nighttime condition must coincide with that entry.
Supporting sources
…was defined in at least two sections of the South Dakota criminal code: "A person breaking into any dwelling house in the nighttime with intent to commit a crime but under such circumstances as do not constitute burglary in the first degree, is guilty of burglary in the third degree." S. D. Comp. Laws Ann. § 22-32-8…