Page:United States v. Victor J. Stitt, II.pdf/2

2 than to the defendant’s behavior on a particular occasion. A prior state conviction does not qualify as generic burglary under the Act where “the elements of [the relevant state statute] are broader than those of generic burglary.” Mathis v. United States, 579 U. S. ___, ___. Taylor, which specifically considered the statutory term “burglary” and 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,” 495 U. S., at 598, governs and determines the outcome here. Pp. 4–5.
 * (b) The state statutes at issue here fall within the scope of Taylor’s definition of generic burglary. Congress intended that definition to reflect “the generic sense in which the term [was] used in the criminal codes of most States” when the Act was passed. 495 U. S., at 598. And at that time, a majority of state burglary statutes covered vehicles adapted or customarily used for lodging. Congress also viewed burglary as an inherently dangerous crime that “creates the possibility of a violent confrontation” between the offender and an occupant or someone who comes to investigate. Id., at 588. An offender who breaks into a mobile home, an RV, a camping tent, or another structure or vehicle that is adapted or customarily used for lodging creates a similar or greater risk of violent confrontation. Although the risk of violence is diminished if the vehicle is only used for lodging part of the time, the Court finds no reason to believe that Congress intended to make a part-time/full-time distinction. Respondents also argue that the vehicles covered here are analogous to the nontypical structures and vehicles that Taylor, Mathis, and other cases described as falling outside the scope of generic burglary, but none of those prior cases presented the question whether generic burglary includes structures or vehicles that are adapted or customarily used for overnight use. Pp. 5–8.

2. Sims’ case is remanded for further proceedings. His argument that Arkansas’ residential burglary statute is too broad to count as generic burglary because it also covers burglary of “a vehicle… [w]here any person lives,” Ark. Code Ann. §5–39–101(1)(A), rests in part upon state law, and the lower courts have not considered it. Those courts remain free to determine whether Sims properly presented that argument and, if so, to decide the merits. Pp. 8–9.

No. 17–765, 860 F. 3d 854, reversed; No. 17–766, 854 F. 3d 1037, vacated and remanded.

, delivered the opinion for a unanimous Court.