458-464
PENAL CODE
SECTION 458-464
458. As used in this chapter, the term "cargo container" means a
receptacle with all of the following characteristics:
(a) Of a permanent character and accordingly strong enough to be
suitable for repeated use.
(b) Specially designed to facilitate the carriage of goods, by one
or more modes of transport, one of which shall be by vessels,
without intermediate reloading.
(c) Fitted with devices permitting its ready handling,
particularly its transfer from one mode of transport to another.
(d) So designed to be easy to fill and empty.
(e) Having a cubic displacement of 1,000 cubic feet or more.
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 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.
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.
461. Burglary is punishable as follows:
(a) Burglary in the first degree: by imprisonment in the state
prison for two, four, or six years.
(b) Burglary in the second degree: by imprisonment in the county
jail not exceeding one year or in the state prison.
462. (a) Except in unusual cases where the interests of justice
would best be served if the person is granted probation, probation
shall not be granted to any person who is convicted of a burglary of
an inhabited dwelling house or trailer coach as defined in Section
635 of the Vehicle Code, an inhabited floating home as defined in
subdivision (d) of Section 18075.55 of the Health and Safety Code, or
the inhabited portion of any other building.
(b) If the court grants probation under subdivision (a), it shall
specify the reason or reasons for that order on the court record.
462.5. (a) Except in unusual cases where the interests of justice
would best be served if the person is granted probation, probation
shall not be granted to any person who is convicted of a felony
custodial institution burglary. In any case in which a person is
convicted of a misdemeanor custodial institution burglary, such
person shall be confined in the county jail for not less than 90 days
nor more than one year except in unusual cases where the interests
of justice would best be served by the granting of probation.
(b) As used in this section, "custodial institution burglary"
shall mean a violation of Section 459 on the grounds of any jail or
correctional institution with the intent to steal items to use or
convert for use as weapons, escape tools, or intoxicating drugs.
(c) If the court grants probation under subdivision (a), it shall
specify the reason or reasons for such order on the court record.
(d) Any person convicted of custodial institution burglary shall
serve his or her sentence, including enhancements, consecutive to any
other sentence in effect or pending. The felony sentence shall be
calculated under Section 1170.1.
463. (a) Every person who violates Section 459, punishable as a
second-degree burglary pursuant to subdivision (b) of Section 461,
during and within an affected county in a "state of emergency" or a
"local emergency" resulting from an earthquake, fire, flood, riot, or
other natural or manmade disaster shall be guilty of the crime of
looting, punishable by imprisonment in a county jail for one year or
in the state prison. Any person convicted under this subdivision who
is eligible for probation and who is granted probation shall, as a
condition thereof, be confined in a county jail for at least 180
days, except that the court may, in the case where the interest of
justice would best be served, reduce or eliminate that mandatory jail
sentence, if the court specifies on the record and enters into the
minutes the circumstances indicating that the interest of justice
would best be served by that disposition. In addition to whatever
custody is ordered, the court, in its discretion, may require any
person granted probation following conviction under this subdivision
to serve up to 240 hours of community service in any program deemed
appropriate by the court, including any program created to rebuild
the community.
For purposes of this section, the fact that the structure entered
has been damaged by the earthquake, fire, flood, or other natural or
manmade disaster shall not, in and of itself, preclude conviction.
(b) Every person who commits the crime of grand theft, as defined
in Section 487, except grand theft of a firearm, during and within an
affected county in a "state of emergency" or a "local emergency"
resulting from an earthquake, fire, flood, riot, or other natural or
unnatural disaster shall be guilty of the crime of looting,
punishable by imprisonment in a county jail for one year or in the
state prison. Every person who commits the crime of grand theft of a
firearm, as defined in Section 487, during and within an affected
county in a "state of emergency" or a "local emergency" resulting
from an earthquake, fire, flood, riot, or other natural or unnatural
disaster shall be guilty of the crime of looting, punishable by
imprisonment in the state prison, as set forth in subdivision (a) of
Section 489. Any person convicted under this subdivision who is
eligible for probation and who is granted probation shall, as a
condition thereof, be confined in a county jail for at least 180
days, except that the court may, in the case where the interest of
justice would best be served, reduce or eliminate that mandatory jail
sentence, if the court specifies on the record and enters into the
minutes the circumstances indicating that the interest of justice
would best be served by that disposition. In addition to whatever
custody is ordered, the court, in its discretion, may require any
person granted probation following conviction under this subdivision
to serve up to 160 hours of community service in any program deemed
appropriate by the court, including any program created to rebuild
the community.
(c) Every person who commits the crime of petty theft, as defined
in Section 488, during and within an affected county in a "state of
emergency" or a "local emergency" resulting from an earthquake, fire,
flood, riot, or other natural or manmade disaster shall be guilty of
a misdemeanor, punishable by imprisonment in a county jail for six
months. Any person convicted under this subdivision who is eligible
for probation and who is granted probation shall, as a condition
thereof, be confined in a county jail for at least 90 days, except
that the court may, in the case where the interest of justice would
best be served, reduce or eliminate that mandatory minimum jail
sentence, if the court specifies on the record and enters into the
minutes the circumstances indicating that the interest of justice
would best be served by that disposition. In addition to whatever
custody is ordered, the court, in its discretion, may require any
person granted probation following conviction under this subdivision
to serve up to 80 hours of community service in any program deemed
appropriate by the court, including any program created to rebuild
the community.
(d) (1) For purposes of this section, "state of emergency" means
conditions which, by reason of their magnitude, are, or are likely to
be, beyond the control of the services, personnel, equipment, and
facilities of any single county, city and county, or city and require
the combined forces of a mutual aid region or regions to combat.
(2) For purposes of this section, "local emergency" means
conditions which, by reason of their magnitude, are, or are likely to
be, beyond the control of the services, personnel, equipment, and
facilities of any single county, city and county, or city and require
the combined forces of a mutual aid region or regions to combat.
(3) For purposes of this section, a "state of emergency" shall
exist from the time of the proclamation of the condition of the
emergency until terminated pursuant to Section 8629 of the Government
Code. For purposes of this section only, a "local emergency" shall
exist from the time of the proclamation of the condition of the
emergency by the local governing body until terminated pursuant to
Section 8630 of the Government Code.
(4) Consensual entry into a commercial structure with the intent
to commit a violation of Section 470, 476, 476a, 484f, or 484g of the
Penal Code, shall not be charged as a violation under this section.
464. Any person who, with intent to commit crime, enters, either by
day or by night, any building, whether inhabited or not, and opens
or attempts to open any vault, safe, or other secure place by use of
acetylene torch or electric arc, burning bar, thermal lance, oxygen
lance, or any other similar device capable of burning through steel,
concrete, or any other solid substance, or by use of nitroglycerine,
dynamite, gunpowder, or any other explosive, is guilty of a felony
and, upon conviction, shall be punished by imprisonment in the state
prison for a term of three, five, or seven years.