Page:United States v. Victor J. Stitt, II.pdf/7

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Cite as: 586 U. S. ___ (2018)
5

Opinion of the Court

enforcement concerns.” Ibid. Perhaps for that reason, by the time the Act was passed in 1986, most States had expanded the meaning of burglary to include “structures other than dwellings.” Ibid. (citing W. LaFave & A. Scott, Substantive Criminal Law §§8.13(a)–(f) (1986)).

In addition, the statute’s purpose, revealed by its language, ruled out limiting the scope of “burglary” to especially serious burglaries, e. g., those having elements that created a particularly serious risk of physical harm. If that had been Congress’s intent, adding the word “burglary” would have been unnecessary, since the (now-invalid) residual clause “already include[d] any crime that ‘involves conduct that presents a serious potential risk of physical injury to another.’ ” Taylor, 495 U. S., at 597 (quoting 18 U. S. C. §924(e)(2)(B)(ii)); see Johnson v. United States, 576 U. S. ___, ___–___ (2015) (slip op., at 5–10) (holding residual clause unconstitutionally vague). We concluded that the Act’s term “burglary” must include “ordinary,” “run-of-the-mill” burglaries as well as aggravated ones. Taylor, 495 U. S., at 597. And we defined the elements of generic “burglary” as “an unlawful or unprivileged entry into, or remaining in, a building or other structure, with intent to commit a crime.” Id., at 598.

B

The relevant language of the Tennessee and Arkansas statutes falls within the scope of generic burglary’s definition as set forth in Taylor. For one thing, we made clear in Taylor that Congress intended the definition of “burglary” to reflect “the generic sense in which the term [was] used in the criminal codes of most States” at the time the Act was passed. Ibid. In 1986, a majority of state burglary statutes covered vehicles adapted or customarily used for lodging–either explicitly or by defining “building” or “structure” to include those vehicles. See, e. g., N. H. Rev. Stat. Ann. §635:1 (1974) (prohibiting burglary of an