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What's A Burglary? CA Law (PC 459) Says...


(Aug. 11, 2014, 2:35 p.m.) -- LBREPORT.com isn't offering legal advice here, simply general information.

The CA state legislature defines burglary in CA Penal Code section 459 as entering a room, structure, or locked vehicle with the intent [and entering with the intent is an element of the offense] to commit a felony or a petty theft once inside.

The actual statute states:

CA Penal Code section 459: Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, as defined in Section 21 of the Harbors and Navigation Code, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, railroad car, locked or sealed cargo container, whether or not mounted on a vehicle, trailer coach, as defined in Section 635 of the Vehicle Code, any house car, as defined in Section 362 of the Vehicle Code, inhabited camper, as defined in Section 243 of the Vehicle Code, vehicle as defined by the Vehicle Code, when the doors are locked, aircraft as defined by Section 21012 of the Public Utilities Code, or mine or any underground portion thereof, with intent to commit grand or petit larceny or any felony is guilty of burglary. As used in this chapter, "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.

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It's sometimes called "breaking and entering" but that's not quite accurate. One can be prosecuted for a residential burglary even without a forced entry. (Compare: auto burglary requires a forced entry; without a break-in to a vehicle, it's a lesser crime.)

Burglary to a location where people are living is a felony. It can bring up to six years in state prison and counts as a "strike" under CA's three strikes law.

Further to follow on LBREPORT.com.


Related coverage:

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  • Neighborhood In Vicinity Of 2800 block 3rd St. Fatal Shooting (Of Alleged Intruder/Res Burg Suspect) Had 12 Reported Res Burgs (Attempted or Completed) Within Past Six Months

  • Fatal Overnight Shooting, 2800 block E. Third Street, In What May Be A Resident Shooting A Burglary Suspect (Caveat Early Info)




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