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Cal. Penal Code § 460 (2026)

✓ current as of May 2026
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(a)Every burglary of an inhabited dwelling house, vessel, as defined in the Harbors and Navigation Code, which is inhabited and designed for habitation, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, or trailer coach, as defined by the Vehicle Code, or the inhabited portion of any other building, is burglary of the first degree.

(b)All other kinds of burglary are of the second degree.

(c)This section shall not be construed to supersede or affect Section 464 of the Penal Code.

Notes of Decisions
Cited in 174 cases (33 in the last 5 years), 1949–2026 · leading case: Chuen Piu Kwong v. Holder, 671 F.3d 872 (9th Cir. 2011).
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Chuen Piu Kwong v. Holder, 671 F.3d 872 (9th Cir. 2011). · cites it 3× “Kwong attempts to avoid the reach of Becker by contending that post-Becker amendments to California Penal Code § 460 had the effect of sweeping within the definition of first-degree burglary some structures that are not inhabited, so that unlawful entry into them would not…”
Descamps v. United States, 133 S. Ct. 2276 (2013). “Cal.Penal Code Ann. § 460 (providing that burglary of certain inhabited locations enumerated in § 459 is punishable in the first degree, and that burglary of all other locations is punishable in the second degree).”
United States v. Ramos-Medina, 706 F.3d 932 (9th Cir. 2012). · cites it 2× “55 of the Health and Safety Code, or trailer coach, as defined by the Vehicle Code, or the inhabited portion of any other building,” the burglary is “burglary of the first degree.” CaLPenal Code § 460. Finally, the opinion is amended by replacing the last two paragraphs, on…”
People v. San Nicolas, 101 P.3d 509 (Cal. 2004). “’ (Pen. Code, § 460.) There is also ‘no practical difference between burglary of an inhabited dwelling house and residential burglary.”
Doe v. Saenz, 45 Cal. Rptr. 3d 126 (Cal. Ct. App. 2006). · cites it 2× “) Although a burglary of an “inhabited dwelling house” qualifies as a first *975 degree burglary (Pen. Code, § 460, subd. (a)), “inhabited” as used in the statute simply means the building is “currently being used for dwelling purposes, whether occupied or not.”
Sara Lowry v. City of San Diego, 818 F.3d 840 (9th Cir. 2016). · cites it 2× “See Cal. Penal Code §§ 460 , 461; People v. Williams, 233 P.”
State v. Gales, 452 P.3d 868 (Kan. Ct. App. 2019). · cites it 7× “" Cal. Penal Code § 460 (1). All other kinds of burglary constituted second-degree burglary.”
People v. Ellis, 207 Cal. App. 4th 1546 (Cal. Ct. App. 2012). “(Pen. Code, §§ 460, subd. (b), 667.5, subd.”
Way v. Superior Court of San Diego Cty., 74 Cal. App. 3d 165 (Cal. Ct. App. 1977). · cites it 2× “Code, § 459; former Pen. Code, §§ 460, 461.) Under the Act, it is punishable by two, three, or four years imprisonment.”
Meehan v. Kenneth H., 659 P.2d 1156 (Cal. 1983). · cites it 2× “) [4] At the time of the offense, Penal Code section 460 provided in part: "1.”
People v. Gallegos, 481 P.2d 237 (Cal. 1971). · cites it 4× “Defendant was found not guilty of escape but was found guilty of burglary in the second degree (Pen. Code, § 460). On appeal from the judgment of conviction defendant contends that acceptance of his counsel's stipulation to the consideration of the police reports by the trial…”
People v. D.N. (In re D.N.), 228 Cal. Rptr. 3d 267 (Cal. Ct. App. 5th 2018). “committed two felonies: residential burglary ( Pen. Code, § 460, subd. (a) ; count 1) and theft of a vehicle ( Veh.”
Show all 174 citing cases →
— Cal. Penal Code § 460(a) — 5 cases
Chuen Piu Kwong v. Holder, 671 F.3d 872 (9th Cir. 2011). “Kwong attempts to avoid the reach of Becker by contending that post-Becker amendments to California Penal Code § 460 had the effect of sweeping within the definition of first-degree burglary some structures that are not inhabited, so that unlawful entry into them would not…”
United States v. Sergio Fuentes-Rivera, 323 F.3d 869 (11th Cir. 2003).
Rogers v. Wong, 637 F. Supp. 2d 807 (E.D. Cal. 2009).
People v. Conniry CA4/1 (Cal. Ct. App. 2025).
United States v. Gutierrez, 76 F. App'x 275 (10th Cir. 2003).
— Cal. Penal Code § 460(b) — 1 case
United States v. Richard Eugene Smith, 10 F.3d 724 (10th Cir. 1993).
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