California Penal Code
Penal Code § 459 Burglary
Defines burglary as entering a structure or locked vehicle with intent to commit theft or any felony.
Statute text, verbatim
What the code actually says
The verbatim text for this section is being re-verified. Read it on the official California legislative site in the meantime.
Read on leginfo.legislature.ca.govReport readiness
What a report needs to survive this charge.
Knowing the code is the easy part. Cases get kicked when the narrative never documents an element the prosecutor has to prove.
Elements to document
- Entry into a structure, room, or locked vehicle
- Intent to commit theft or a felony existed at the time of entry
- The degree turns on whether the structure was inhabited
- Entry was without consent of the owner or occupant
Common report defects
- Intent at the time of entry is inferred but never articulated
- Point of entry and method are not documented
- Inhabited status of the residence is left unclear
Abbreviated for reference. Report960 runs the full element and defect checklist against your narrative and quotes the exact passage behind every finding. This page is not legal advice.
Related sections
Charges that travel together.
Check a Penal Code § 459 report
Every element, checked.Every finding, quotable.
Paste or upload your narrative and Report960 flags the burglary elements you left undocumented, grounded in the verbatim statute above.