Of Crimes Against PropertyBurglary
Section § 458
This law defines what qualifies as a 'cargo container'. It must be strong enough for repeated use and designed to carry goods across different transport modes like ships without needing to reload. The container should easily transfer between transport types, be simple to fill and empty, and have a volume of at least 1,000 cubic feet.
Section § 459
This law defines burglary in California. A person commits burglary by entering various types of structures, vehicles, or vessels with the intent to commit theft or another felony. Structures include homes, apartments, stores, trailers, and even aircraft. If any of these are used for living, whether currently occupied or not due to a disaster, they are considered inhabited. The intention to steal or commit a crime is key to this definition, not whether the act was completed.
Section § 459.5
This law defines shoplifting as entering a store with the intent to steal items worth $950 or less during regular business hours. It is treated as a misdemeanor unless the person has certain prior convictions. If so, a different punishment may apply. Importantly, if someone is charged with shoplifting under this section, they can't also be charged with burglary or theft for the same incident.
Section § 460
This law defines what qualifies as first-degree and second-degree burglary in California. First-degree burglary involves breaking into an inhabited home, boat, floating home, trailer, or any lived-in part of a building. Second-degree burglary includes all other types of burglary that don't meet these criteria. Also, this section doesn't change or override any rules found in Section 464 of the Penal Code.
Section § 461
If someone commits burglary in California, the punishment depends on the degree of the crime. For first-degree burglary, which usually involves breaking into a home, the sentence is two, four, or six years in state prison. Second-degree burglary, typically involving non-residential buildings, results in a jail sentence of up to one year or under certain conditions, longer imprisonment under another legal provision.
Section § 462
The law states that if someone is convicted of burglarizing a home or another building where people live, they usually won't be given probation. However, if the court believes that justice is best served by granting probation, it can do so, but must clearly explain the reasons for this decision in the official court record.
Section § 462.5
If someone is convicted of breaking into a jail or correctional facility to steal items like weapons, tools for escape, or drugs, they usually cannot receive probation for a felony conviction unless special circumstances justify it. For a misdemeanor conviction, they must serve at least 90 days in county jail but can receive probation if it's better for justice. The court must explain why if probation is granted. Any sentence for this crime must be served one after the other with existing sentences, and for felony convictions, the sentence is determined by specific sentencing rules.
Section § 463
This law addresses the crime of looting during emergencies or disasters. If someone commits burglary during a declared emergency, they're guilty of looting, punishable by up to a year in county jail or more severe penalties depending on the theft's nature. The law covers grand and petty thefts under emergency conditions. For a grand theft, particularly of a firearm during such emergencies, the penalty may involve imprisonment in state prison, while petty theft incurs up to six months in jail. Courts can assign community service and may reduce mandatory jail time if it's in the interest of justice. The statute explains that states of emergency or local emergencies are conditions beyond a single area's control and require broad assistance. It also clarifies what constitutes an 'evacuation order.' Notably, consenting entry with intent to commit financial crimes like fraud isn't automatically looting under this law.
Section § 464
This law states that if someone tries to commit a crime by breaking into a building and using tools or explosives that can cut through solid materials, such as a torch or explosives like nitroglycerine, they are committing a felony. If convicted, they can be sentenced to three, five, or seven years in prison.
Section § 465
This law makes it illegal to forcibly enter a vehicle with the aim of stealing something or committing another felony. If someone is caught doing this, they can face up to one year in county jail. 'Forcible entry' includes using tools like lock picks, slim jims, or items causing damage, like breaking a window or prying a door open. Note that you can't be charged under this law and another related law (Section 459) for the same act.