California Penal Code Section 459 PC deals with burglary and details the definition and penalties for the crime.
What Is the Legal Definition of Burglary Under 459 PC?
459 PC states that burglary is the act of entering a locked vehicle, or commercial structure or residential structure with the intention to commit petty or grand theft or another felony. The legal definition also covers entering a property with the intent to rape, murder, or any other felonious crime. Under 459 PC, the defendant does not need to have successfully stolen anything or committed a felony in order to receive burglary charges.
If the burglary is of a residence or somewhere where people are living, then the jail time could be up to 6 years. This includes hotel rooms, apartment buildings, etc. In California, this is called first-degree burglary. If the burglary is of a car or commercial building, then the jail time could be up to 3 years. In California, this is called second-degree burglary. Under 459 PC, second-degree burglary is a “wobbler” and may be charged as either a misdemeanor or felony.
A defendant could be charged under 459 PC even if they were interrupted while committing theft or a felony. For example, if the defendant was interrupted by the occupants of the house waking up while the defendant was inside or if the rape victim woke up before the defendant could rape them. A defendant cannot be charged under 459 PC if they stole something or tried to steal something from an unlocked car. Any vehicles must have been locked in order for the defendant to be charged with 459 PC.
Legal Elements of 459 PC
In order for a defendant to be convicted of burglary under 459 PC, the prosecutor must prove the following legal elements:
- The defendant entered a locked vehicle, a building, or a room
- Their intention when entering that building, locked vehicle, or room was to commit a felony or theft.
If part of the defendant’s body (like an arm) or a tool or object they are using enters the room, building, or locked vehicle, then the law sees this as the defendant entering.
The courts have been very lenient in the definition of the term “building” when applying 459 PC in the past. They have convicted defendants who entered popcorn stands, chicken coops, telephone booths, and areas enclosed by chain-link fences.
As we stated earlier, the prosecutor only needs to prove that the defendant entered the premises, not that they actually undertook the intended activity. If they decided against it or were interrupted in the process, they can still be convicted under 459 PC.
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Legal Defenses to 459 PC Burglary Charges
A defendant who is charged with 459 PC may be able to defend themselves by stating there is a mistake of fact. It could be that they were not trying to steal property but simply retrieve property that belongs to them. Therefore there is no theft and no underlying crime.
What Are the Penalties of a 459 PC Conviction?
If the defendant is convicted under 459 PC, the penalty they receive will vary depending on whether it is first-degree burglary or second-degree burglary. If it is first-degree burglary, they may receive a prison sentence of up to 6 years. It will also count on their record as a “strike” that goes towards California’s Three Strikes Law. Under this law, someone with three convictions for felonies that are violent or serious in nature will face a prison sentence of 25 years to life.
If the defendant is convicted of second-degree burglary, then they can be charged with a misdemeanor or felony under 459 PC. The court will take into account the criminal history and the circumstances of the crime. If the 459 PC charge is a felony, then they will face up to 3 years in prison. If the 459 PC charge is a misdemeanor, then they will face up to a year in county jail.
Under 459 PC, the judge has the discretion to increase the prison sentence for a number of factors. The following things may cause the defendant to get extra prison time:
- Prior felony convictions (a year for each felony on their record)
- Vulnerable victims (disabled victims or minors and the elderly)
- Injury to the victim (up to an additional 6 years)
If the defendant was caught shoplifting, they will not be charged under 459 PC; shoplifting appears in California Penal Code section 459.5 PC.