California Penal Code § 460 PC defines the crime of first-degree residential burglary, a serious felony offense that involves unlawfully entering an inhabited dwelling with the intent to commit theft or any felony. This statute is a critical component of California’s property crime laws, distinguishing between residential and commercial burglary based on the nature of the structure and the potential risk to occupants.
What is California Penal Code § 460 PC
Below is the full, unaltered text of California Penal Code § 460 PC, which clearly distinguishes between first-degree and second-degree burglary and outlines the associated penalties:
What the Statue Says
(a) Every burglary of an inhabited dwelling house, vessel, as defined in the Harbors and Navigation Code, which is inhabited and designed for habitation, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, or trailer coach, as defined in the Vehicle Code, or the inhabited portion of any other building, is burglary of the first degree.
(b) All other kinds of burglary are of the second degree.
(c) Burglary in the first degree is punishable by imprisonment in the state prison for two, four, or six years. Burglary in the second degree is punishable by imprisonment in the county jail not exceeding one year or in the state prison.
Definition of First-Degree Residential Burglary
Under § 460(a), burglary of an inhabited dwelling house, vessel, floating home, trailer coach, or the inhabited portion of any other building constitutes first-degree burglary. The key elements of this offense are:
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Unlawful Entry: Gaining access to the structure without permission.
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Inhabited Structure: The building must be used as a residence, regardless of whether it is currently occupied.
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Intent to Commit Theft or Felony: The individual must have the intent to commit theft or another felony once inside.
The statute emphasizes that the crime is complete upon unlawful entry with the requisite intent, even if the intended crime is not carried out.
What Qualifies as an “Inhabited Dwelling”?
California law broadly defines “inhabited” to include any structure used for dwelling purposes. This encompasses:
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Houses and Apartments: Traditional residential buildings.
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Vessels and Floating Homes: Boats or ships used as living spaces.
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Trailer Coaches and RVs: Mobile homes and recreational vehicles used as residences.
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Portions of Other Buildings: Areas within larger structures, such as attached garages or in-law units, that are used for living purposes.
A dwelling is considered inhabited if it is being used for sleeping and the storage of possessions, even if the occupant is not present at the time of the burglary. For instance, a vacation home is still considered inhabited if it is used as a residence, even if the owner is temporarily away.
Distinction Between First and Second-Degree Burglary
California law distinguishes between first and second-degree burglary based on the type of structure involved:
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First-Degree Burglary: Involves an inhabited dwelling, as defined above. It is always charged as a felony and carries more severe penalties.
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Second-Degree Burglary: Involves non-residential structures, such as commercial buildings or uninhabited dwellings. This offense is considered a “wobbler,” meaning it can be charged as either a misdemeanor or a felony, depending on the circumstances and the defendant’s criminal history.
The classification affects sentencing and potential penalties, with first-degree burglary carrying more severe consequences due to the increased risk to human life.
Penalties for First-Degree Residential Burglary
First-degree residential burglary is a felony offense in California, punishable by:
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Prison Sentence: Two, four, or six years in state prison.
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Fines: Up to $10,000.
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Strike Offense: A conviction counts as a “strike” under California’s Three Strikes Law, which can lead to life sentences after subsequent felony convictions.
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Probation: In some cases, the court may grant formal (felony) probation instead of prison time.
If someone was present in the home during the burglary, the crime is classified as a violent felony, requiring the defendant to serve at least 85% of their sentence before becoming eligible for parole.
Legal Defenses Against First-Degree Residential Burglary Charges
Several legal defenses may be available to individuals charged with first-degree residential burglary:
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Lack of Intent: If the prosecution cannot prove that the defendant intended to commit theft or a felony at the time of entry, the charge may be reduced or dismissed.
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Mistake of Fact: If the defendant had a reasonable belief that they had permission to enter the dwelling, this could negate the intent element.
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False Accusation: Demonstrating that the defendant was not present at the scene or was misidentified can be a valid defense.
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Consent: If the defendant had permission to enter the dwelling, this negates the unlawful entry requirement.
Each case is unique, and the applicability of these defenses depends on the specific facts and evidence involved.
Impact on Immigration Status
A conviction for first-degree residential burglary can have significant consequences for non-U.S. citizens. It may result in deportation, denial of reentry into the United States, or denial of naturalization applications. Immigration authorities consider burglary a serious crime of moral turpitude, which can lead to severe immigration penalties.
Conclusion
California Penal Code § 460 PC addresses the serious offense of first-degree residential burglary, emphasizing the protection of individuals in their homes. Understanding the elements of this crime, the differences between first- and second-degree burglary, and the potential penalties is essential for anyone navigating the criminal justice system in California.
If you or someone you care about is facing burglary charges under this statute, don’t face it alone. Contact us today to speak with a knowledgeable and experienced criminal defense attorney who can guide you through your options and fight for your rights. Your future deserves strong, strategic representation—Southwest Legal is here to help.
