Burglary Tools Defense in CaliforniaCalifornia Penal Code § 466

What counts as a violation of Penal code § 466?

Penal Code § 466 makes it a crime to possess burglary tools with the intent to break and enter any building 

To be convicted under Penal Code § 466, the prosecution must prove all of the following:

1. The defendant broke into and entered a building (or railroad car, aircraft, or vessel, trailer coach, vehicle)
2. The defendant intended to commit a felony or a misdemeanor once inside
3. The defendant was in possession of burglary tools at the time

Burglary tools include any of the following:

A person can also be convicted under Penal Code § 464 for attempting to, or actually, knowingly making or altering a key or other burglary tool in order to open the lock of a building, railroad car, aircraft, vessel, trailer coach, or vehicle.

What is the punishment for violating Penal code § 466?

A violation of Penal Code § 466 is a misdemeanor.

The offense is punishable by:

• custody in county jail for up to six months, and/or
• a maximum fine of $1,000.

What are the defenses to Penal Code § 466?

• You did not intend to commit a crime when you entered the building
• You did not attempt to open a safe or vault or other secure place
• Unlawful search or seizure