Residential Burglary DefenseCalifornia Penal Code § 459 — First Degree

Watch: California First-Degree Burglary Law

What counts as a violation of Penal code § 459?

Penal Code § 459 defines the crime of burglary

Penal Code § 459 makes it a crime to enter a dwelling (meaning a place where people live) with the intent to commit grand or petit larceny or any felony.

To be convicted of Penal Code § 459, it does not matter if the defendant actually committed a theft crime or a felony once inside. For example, a person who enters another’s home to steal a computer could still be convicted of burglary if that person fled from the home before stealing the computer or committing a felony inside the home.

To be convicted of burglary under Penal Code § 459, the prosecution must prove all of the following:

1. The person entered a dwelling
2. The dwelling was currently “inhabited”
3. The person had the intent to either steal once inside or to commit a felony once inside

“Inhabited” means currently being used for dwelling purposes, whether occupied or not. A house, trailer, vessel designed for habitation, or portion of a building is currently being used for dwelling purposes if, at the time of the burglary, it was not occupied solely because a natural or other disaster caused the occupants to leave the premises.

An “inhabited space” includes any of the following:

What is the punishment for violating Penal code § 459?

Penal code § 459 is a felony offense punishable by:

• A state prison sentence of two (2), four (4) or six (6) years

What are the defenses to Penal Code § 459?