![]() ![]() California defines a commercial building as any business or uninhabited structure. The second type of property is commercial. For instance, if you entered someone’s home while they were out for dinner, that was still first-degree burglary. Keep in mind that this doesn’t mean the residents have to be home during the offense. This is defined as any property that is currently inhabited by residents. The first type is a residential property. (details on the differences in the next section) ![]() Depending on the type, you could be convicted of first or second-degree burglary. There are two types of structures you would have entered. This could include a screen door or a second-story balcony. California defines “entering” as any body part or object under your control going within the building’s outer boundary. If any one of the elements isn’t true, it wasn’t burglary.įirst, you must have entered a structure. There are a few elements to a burglary that we should break down. 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. As used in this chapter, “inhabited” means currently being used for dwelling purposes, whether occupied or not. ![]() You can see the full definition of burglary below.Įvery 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. This does not mean the resident has to be in the home at the time of the burglary.
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