Penal Code §459
California Penal Code 459: burglary and intent at entry
PC 459 concerns entry into specified places with intent to commit theft or a felony. Read why intent at entry and the exact location matter.
Entry and intent are central
Section 459(a) lists places that can be the subject of burglary and connects entry with intent to commit grand or petit larceny or any felony. The timing of the alleged intent is therefore central. A theft label alone does not describe the entire burglary definition.
The listed places include houses, rooms, apartments, shops, other buildings, and specified vehicles or other locations. The vehicle language includes a locked-door condition. The precise place and statutory category should be checked rather than assumed.
Burglary does not always mean breaking a door
The definition is framed around entry into a listed place with the required intent. It does not impose a universal requirement that a door or window be forcibly broken. Whether a particular entry qualifies still depends on the law and facts.
Useful evidence questions include what entry is alleged, which location was entered, and what evidence concerns intent at that time. The mere fact that something happened after entry does not replace analysis of the statutory requirements.
What inhabited means in this statute
Section 459 explains that inhabited means currently used for dwelling purposes, whether occupied or not. It also addresses a dwelling left unoccupied because a natural or other disaster caused the occupants to leave.
The current text includes subdivision (b), stating that disaster damage, or its extent, does not preclude a conviction. This page uses the official version amended effective January 1, 2026.
Related charges and consequences need separate review
Section 459 is not a complete sentencing chart. Degree, punishment, other allegations, and related provisions require their own analysis. A commercial-location allegation, a residential allegation, and a theft allegation should not be assumed to have identical consequences.
The charging document and underlying evidence are needed to assess the alleged entry and intent. This reference does not determine guilt or identify a likely case outcome.
Common questions
Does someone have to break a window for burglary?
The statutory definition focuses on entry into a listed place with the required intent. It does not state a universal forced-entry requirement.
Does inhabited mean someone was home?
No. Section 459 says currently used for dwelling purposes, whether occupied or not, and includes specific disaster-related language.
Sources
- California Penal Code section 459 leginfo.legislature.ca.gov Source checked on 2026-10-27