(a)Every 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. As used in this chapter, “inhabited” means currently being used for dwelling purposes, whether occupied or not. 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.
(b)The fact that the structure entered has been damaged by a natural or other disaster, or the extent of that damage, does not preclude conviction.
Notes of Decisions
United States v. Aguila-Montes De Oca, 655 F.3d 915 (9th Cir. 2011).
· cites it 39× “Smith) overrules our prior decisions to the extent they hold that a conviction under California Penal Code § 459 qualifies as a generic burglary conviction if the defendant pleaded guilty to entering a building "unlawfully" or a jury found the defendant guilty as charged in an…”
Descamps v. United States, 133 S. Ct. 2276 (2013).
· cites it 6× “The Government sought an ACCA sentence enhancement, pointing to Descamps’ three prior convictions, including one for bur- glary under California Penal Code Ann. §459, which provides that a “person who enters” certain locations “with intent to commit grand or petit larceny or any…”
United States v. Ramos-Medina, 706 F.3d 932 (9th Cir. 2012).
· cites it 13× “The opinion is also amended by inserting “first-degree” before “California” in the penultimate sentence in the first partial paragraph on page 7308, by inserting “for first-degree burglary” before “under § 459” in the last full sentence on page 7309, and by inserting “as defined…”
Carlos Rendon v. Eric Holder, Jr., 764 F.3d 1077 (9th Cir. 2014).
· cites it 8× “The statutory text at issue is a different portion of the same statute that the Supreme Court encountered in Descamps— California Penal Code section 459 — which states, inter alia, that “[e]very person who enters any .”
Chuen Piu Kwong v. Holder, 671 F.3d 872 (9th Cir. 2011).
· cites it 9× “In April 1997, Kwong pleaded guilty to a violation of California Penal Code § 459, the California burglary statute, and was sentenced to two years in prison.”
James Dimaya v. Loretta E. Lynch, 803 F.3d 1110 (9th Cir. 2015).
· cites it 8× “LYNCH SUMMARY* Immigration The panel granted James Garcia Dimaya’s petition for review of the Board of Immigration Appeals’ decision holding that his conviction for burglary under California Penal Code § 459 is a categorical “crime of violence” as defined by 8 U.”
Pedro Jose Hernandez-Cruz v. Eric H. Holder Jr., 651 F.3d 1094 (9th Cir. 2011).
· cites it 9× “OPINION BERZON, Circuit Judge: Pedro Jose Hernandez-Cruz, a native and citizen of Guatemala, was convicted twice for second-degree commercial burglary, in violation of California Penal Code § 459. As a result, the Board of Immigration Appeals (BIA) found him removable as an…”
Sessions v. Dimaya, 138 S. Ct. 1204 (2018).
· cites it 2× “7 (CA9 2015) (noting that only about seven percent of burglaries actually involve violence); Cal. Penal Code Ann. §§459, 460 (West 2010) (sweeping so broadly as to cover even dishonest door-to-door salesmen).”
People v. Salemme, 92 Cal. Daily Op. Serv. 446 (Cal. Ct. App. 1992).
· cites it 10× “In the People's view, California's burglary statutes (Pen. Code, §§ 459, 460) encompass an entry into a structure with the intent to commit any felony, not just "felonies of violence or felonies which may induce a violent response from the victim.”
People v. Vivar, 485 P.3d 425 (Cal. 2021).
· cites it 2× “Following those discussions, counsel relayed an offer for Vivar to plead guilty to burglary (Pen. Code, § 459) with a low- term prison sentence.”
People v. Hendrix, 515 P.3d 22 (Cal. 2022).
· cites it 3× “(Pen. Code, §§ 459, 460.)1 At trial, the prosecution introduced evidence to cast doubt on Hendrix’s explanation for his presence at the Oxnard house.”
People v. Colbert, 433 P.3d 536 (Cal. 2019).
· cites it 4× “Defendant was charged with four counts of second degree burglary, an alternative felony-misdemeanor (also known as a "wobbler") ( Pen. Code, §§ 459, 460, subd. (b) ). For the first three counts, the People alleged that defendant and his accomplice took, respectively, $300, $318,…”
— Cal. Penal Code § 459(a) — 2 cases
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