Residential Burglary
Penal Code § 459
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:
- The person entered a dwelling
- The dwelling was currently “inhabited”
- 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:
- House
- Room
- Apartment
- Shop
- Warehouse any house
- Room
- Apartment
- Tenement
- Shop
- Warehouse
- Store
- Mill
- Barn
- Stable
- Outhouse or
- Other building, tent, vessel, as defined in Harbors and Navigation Code § 21
- Floating home
- Railroad car
- Locked or sealed cargo container
- Any house car as defined in Vehicle Code § 362
- Inhabited camper when the doors are locked
- Aircraft as defined by Public Utilities Code § 21012
- Or mine underground
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?
- You entered your own home
- You took items that belonged to you
- When you entered the dwelling you did not have the intent to commit a crime once inside
- Mistaken identity
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