Dunn is accused of stealing a kitten from the Rose Animal Clinic in Bentonville, Arkansas. She was playing with kittens on August 5 when she allegedly took off with one of the kittens. A clinic employee followed her and struggled with Dunn before being able to retrieve the kitten. She is now charged with commercial burglary, a Class C felony and theft of property, a Class A misdemeanor. She could face 3- 10 years for the offense, though that seems steep for trying to leave with a kitten.
That leads to an interesting question. Here is the state law:
5-39-201. Residential burglary — Commercial burglary.
(a) (1) A person commits residential burglary if he or she enters or remains unlawfully in a residential occupiable structure of another person with the purpose of committing in the residential occupiable structure any offense punishable by imprisonment.
(2) Residential burglary is a Class B felony.
(b) (1) A person commits commercial burglary if he or she enters or remains unlawfully in a commercial occupiable structure of another person with the purpose of committing in the commercial occupiable structure any offense punishable by imprisonment.
(2) Commercial burglary is a Class C felony.
If Dunn suddenly decided that she wanted the kitten, does that qualify as entering the structure “with the purpose of committing” an offense? It could have been the case that the playing with the kittens created what proved to be an irresistible impulse. Moreover, she was there with permission and could argue that she did not enter or remain unlawfully.
Things have not gone well however since the arrest. On Monday, Dunn appeared before Benton County Circuit Judge Brad Karren and was ordered removed after she refused to stop speaking and gave the “middle finger” to the court.