BURGLARY California Criminal Law Concepts Chapter 14 1 Mike Reid LAHC

Elements Corpus Delicti - _____ Does not have to be _______ May be a legal entry as into a store open for business ____ of person does not have to physically enter structure BURGLARY 459 PC BURGLARY 459 PC 2 forcible body entry

459 PC (Continued) Specific _____ to commit grand theft, petty theft, or ___ felony Must be _______ intent The crime is ________ once the suspect has _______ the structure 3 any specific complete entered intent

ELEMENTS An _____, Of a building or structure listed in the statute, With the ______ to commit grand or petit larceny or ____ felony 4 entry intent any

“INTENT” AFTER THE ENTRY A ________ has not occurred if the perpetrator's intent arises after entry If the felonious _____ is there, it is burglary even though the object of the intent is not present or cannot be fulfilled 5 burglary intent

INTENT ISSUE INTENT ISSUE One ___ commit burglary by entering a building with the ______ to commit rape, robbery, arson, or even a... ______________ felony such as the sale of fraudulent securities. (Salemme (1992) 2 Cal.App.4th 775.) 6 can intent “Non-dangerous”

DEGREES OF BURGLARY DEGREES OF BURGLARY 460 PC. Burglary of ________ dwelling house (including vessels/trailer coaches designed for habitation) Whether _________ during day or night Or INHABITED portion of ____ _____ building... Is First Degree Burglary (2-6yrs) All others.... 2nd degree 7 any inhabited committed other

BURGLARY – PUNISHMENT First degree; ______ Second degree; _______ Could be a “misdemeanor” burglary (PC 461) 8 Felony Wobbler

FORCE vs. NO FORCE The entry ____ __ have to be forced. As long as the felonious intent is there, the entry can take place in any manner at any time For example, going into a large store during the day while it is open to the public with the “intent” to steal 9 does not

459 PC (Continued) Burglary of Vehicles: The vehicle must be ______ to constitute burglary Entering the locked _____ of an ________ vehicle is burglary Inhabited camper need not be locked o Inhabited means currently being used for dwelling purposes whether occupied or not 10 locked trunk unlocked

VEHICLE BURGLARY Burglary of a vehicle occurs at the moment _____ is made with the intent to _____ Regardless of whether the intent is to take the vehicle itself or some object inside the vehicle 11 intent steal

VEHICLE BURGLARY Vehicle must be ______ or Some ______ used… for example... Pushing open the broken wing- window of an otherwise locked vehicle will suffice. However, simply unhooking, unlatching, or loosening something in order to enter will not 12 locked “force”

USE OF EXPLOSIVES/TORCH 464 PC; using any acetylene torch, electric arc, etc... including using ____________ Or ________, or other explosive; With intent to commit any crime, either by day or night.... To open any vault, safe or other secure place 13 nitroglycerine dynamite

POSSESSION OF BURGLARY TOOLS/ 466 PC/ MISDEMEANOR Corpus Delicti - Elements of the crime Possession of certain _____ (’09) Adds: “Bump Keys” With the _____ to break or enter any building Knowingly make or attempt to make a key or other instrument to fit another building without _____ request 14 tools intent legal

BURGLAR TOOLS 466 PC, when one "makes, alters and repairs any instrument or thing" to be used as a ______ ____, The mere _________ of such a device for ____ crime is a ____________ 15 burglar tool possession misdemeanor any