BURGLARY

1. BURGLARY California Criminal Law Concepts Chapter 14 Mike Reid LAHC

2. BURGLARY 459 PC entry forcible 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 body

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

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

5. “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 burglary intent

6. 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.) can intent “Non-dangerous”

7. 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 inhabited committed any other

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

9. 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 does not

10. 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 • Inhabited means currently being used for dwelling purposes whether occupied or not locked trunk unlocked

11. 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 intent steal

12. 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 locked “force”

13. 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 nitroglycerine dynamite

14. 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 tools intent legal

15. 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 ____________ burglar tool possession misdemeanor any