Burglary vs Unlawful entry

[Tacit Blue]

I have a question that me and my friend were debating,


We were discussing Burglary vs unlawful entry. I told him any time you enter a 4 walled dwelling without the permission of the owner, whether locked or unlocked. I forgot how its exactly defined. Is considered Burglary even without the intent to steal possessions that occupy that structure. He claims its " Unlawful entry" depending on whether you have stole anything. So i was wondering which one of us would be correct? I can find my explanation under PC 459, but i can't find anything mentioning " unlawful entry" as he described it?

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=458-464

[EOD3]

IIRC: Unlawful Entry is being stupid. Burglary is entering (not necessarily a structure) with intent to commit a felony, ANY felony.

It's been decades since I read the Cal. Penal Code... My memory isn't as good as it once was, I think...

[Cpl. Haas]

CA Penal Code 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.

[tyrist]

IIRC: Unlawful Entry is being stupid. Burglary is entering a structure with intent to commit a felony, ANY felony (and theft).

It's been decades since I read the Cal. Penal Code... My memory isn't as good as it once was, I think...

Fixed.

[llamatrnr]

IIRC:

It's been decades since I read the Cal. Penal Code... My memory isn't as good as it once was, I think...

..on the bright side, you can still (talk yourself into believing) that you can still think

Ever been diagnosed with "Sometimers"? Just askin'

[Josh3239]

California law defines burglary under Penal Code 459 PC as "entering a structure with the intent to commit a felony (or a petty theft) once inside".

[Notorious]

There is no crime called "unlawful entry" in CA. There is no breaking and entering either. CA law does not require a "breaking" component for burglary. Notice the first line of penal code 459 where it only talks about "enter" as the act required.

Unlawful entry would be close to all of our trespassing laws under penal code 602. There is one covering someone trespassing into an occupied dwelling... forgot which exact subsection since they change it up all the time, (l) or (m) or something. Who knows.

Burglary requires that you have the intent to steal or commit a felony BEFORE you enter into the dwelling. If you enter and then thought about the act, it's not burglary. It may be trespass and theft or whatever felony it is, but it's not burglary.

[bluesmoke9]

Remember however, that Burglary can be completed if you enter a building, then form the required intent and then move into a different room of the same building. I always loved that one.

There is no crime called "unlawful entry" in CA. There is no breaking and entering either. CA law does not require a "breaking" component for burglary. Notice the first line of penal code 459 where it only talks about "enter" as the act required.

Unlawful entry would be close to all of our trespassing laws under penal code 602. There is one covering someone trespassing into an occupied dwelling... forgot which exact subsection since they change it up all the time, (l) or (m) or something. Who knows.

Burglary requires that you have the intent to steal or commit a felony BEFORE you enter into the dwelling. If you enter and then thought about the act, it's not burglary. It may be trespass and theft or whatever felony it is, but it's not burglary.

[EOD3]

..on the bright side, you can still (talk yourself into believing) that you can still think

Ever been diagnosed with "Sometimers"? Just askin'

I never have to talk myself into anything... That's what the little voices are there for DUH. Old-timers gets all of us sooner or later, what goes around comes around.