Section § 458

Explanation

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.

As used in this chapter, the term “cargo container” means a receptacle with all of the following characteristics:
(a)CA Penal Law Code § 458(a) Of a permanent character and accordingly strong enough to be suitable for repeated use.
(b)CA Penal Law Code § 458(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)CA Penal Law Code § 458(c) Fitted with devices permitting its ready handling, particularly its transfer from one mode of transport to another.
(d)CA Penal Law Code § 458(d) So designed to be easy to fill and empty.
(e)CA Penal Law Code § 458(e) Having a cubic displacement of 1,000 cubic feet or more.

Section § 459

Explanation

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.

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.

Section § 459.5

Explanation

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.

(a)CA Penal Law Code § 459.5(a) Notwithstanding Section 459, shoplifting is defined as entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours, where the value of the property that is taken or intended to be taken does not exceed nine hundred fifty dollars ($950). Any other entry into a commercial establishment with intent to commit larceny is burglary. Shoplifting shall be punished as a misdemeanor, except that a person with one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290 may be punished pursuant to subdivision (h) of Section 1170.
(b)CA Penal Law Code § 459.5(b) Any act of shoplifting as defined in subdivision (a) shall be charged as shoplifting. No person who is charged with shoplifting may also be charged with burglary or theft of the same property.

Section § 460

Explanation

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.

(a)CA Penal Law Code § 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)CA Penal Law Code § 460(b) All other kinds of burglary are of the second degree.
(c)CA Penal Law Code § 460(c) This section shall not be construed to supersede or affect Section 464 of the Penal Code.

Section § 461

Explanation

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.

Burglary is punishable as follows:
(a)CA Penal Law Code § 461(a) Burglary in the first degree: by imprisonment in the state prison for two, four, or six years.
(b)CA Penal Law Code § 461(b) Burglary in the second degree: by imprisonment in the county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.

Section § 462

Explanation

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.

(a)CA Penal Law Code § 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)CA Penal Law Code § 462(b) If the court grants probation under subdivision (a), it shall specify the reason or reasons for that order on the court record.

Section § 462.5

Explanation

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.

(a)CA Penal Law Code § 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)CA Penal Law Code § 462.5(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)CA Penal Law Code § 462.5(c) If the court grants probation under subdivision (a), it shall specify the reason or reasons for such order on the court record.
(d)CA Penal Law Code § 462.5(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.

Section § 463

Explanation

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.

(a)CA Penal Law Code § 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,” or under an “evacuation order,” 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 pursuant to subdivision (h) of Section 1170. 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 subdivision, 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)CA Penal Law Code § 463(b) Every person who commits the crime of grand theft, as defined in Section 487 or subdivision (a) of Section 487a, except grand theft of a firearm, during and within an affected county in a “state of emergency” or a “local emergency,” or under an “evacuation order,” 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 pursuant to subdivision (h) of Section 1170. 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)CA Penal Law Code § 463(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,” or under an “evacuation order,” 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)Copy CA Penal Law Code § 463(d)
(1)Copy CA Penal Law Code § 463(d)(1) For purposes of this section, “state of emergency” means conditions that, 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)CA Penal Law Code § 463(d)(2) For purposes of this section, “local emergency” means conditions that, 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)CA Penal Law Code § 463(d)(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)CA Penal Law Code § 463(d)(4) For purposes of this section, “evacuation order” means an order from the Governor, or a county sheriff, chief of police, or fire marshal, under which persons subject to the order are required to relocate outside of the geographic area covered by the order due to an imminent danger resulting from an earthquake, fire, flood, riot, or other natural or manmade disaster.
(5)CA Penal Law Code § 463(d)(5) Consensual entry into a commercial structure with the intent to commit a violation of Section 470, 476, 476a, 484f, or 484g shall not be charged as a violation under this section.

Section § 464

Explanation

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.

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 pursuant to subdivision (h) of Section 1170 for a term of three, five, or seven years.

Section § 465

Explanation

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.

(a)CA Penal Law Code § 465(a) A person who forcibly enters a vehicle, as defined in Section 670 of the Vehicle Code, with the intent to commit a theft or any felony therein is guilty of unlawful entry of a vehicle.
(b)CA Penal Law Code § 465(b) Unlawful entry of a vehicle is punishable by imprisonment in a county jail for a period not to exceed one year or imprisonment pursuant to subdivision (h) of Section 1170.
(c)CA Penal Law Code § 465(c) As used in this section, forcible entry of a vehicle means the entry of a vehicle accomplished through any of the following means: the use of a tool or device that manipulates the locking mechanism, including, without limitation, a slim jim or other lockout tool, a shaved key, jiggler key, or lock pick, or an electronic device such as a signal extender, or force that damages the exterior of the vehicle, including, but not limited to, breaking a window, cutting a convertible top, punching a lock, or prying open a door.
(d)CA Penal Law Code § 465(d) A person may not be convicted both pursuant to this section and pursuant to Section 459.