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Jonathan Leventhal
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What is the felony charge PC 459 460 for

Resolved Question:

What is the felony charge PC 459\460 for ?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Jonathan Leventhal replied 7 years ago.

PC 459 is the California penal code for Burglary. Entry into any structure for the purposes of committing a crime therein. (This is the simplified version.


PC 460 defines the degrees of burglary.


The official text of the statutes is below.



459. 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 pewit
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.

460. (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.




I hoped I have answered the question to your satisfaction.


Jonathan Leventhal, Esq.


This is information only, not legal advice. No attorney-client relationship has been created. Please consult an attorney in your state for legal advice regarding your matter.


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