1 / 15

BURGLARY

BURGLARY. California Criminal Law Concepts Chapter 14. Mike Reid LAHC. BURGLARY 459 PC. entry. forcible. Elements Corpus Delicti - _____ Does not have to be _______ May be a legal entry as into a store open for business ____ of person does not have to physically enter structure.

sana
Download Presentation

BURGLARY

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. BURGLARY California Criminal Law Concepts Chapter 14 Mike Reid LAHC

  2. BURGLARY 459 PC entry forcible Elements Corpus Delicti - _____ Does not have to be _______ May be a legal entry as into a store open for business ____ of person does not have to physically enter structure body

  3. 459 PC (Continued) • Specific _____ to commit grand theft, petty theft, or ___ felony • Must be _______ intent • The crime is ________ once the suspect has _______ the structure intent any specific complete entered

  4. ELEMENTS • An _____, • Of a building or structure listed in the statute, • With the ______ to commit grand or petit larceny or ____ felony entry intent any

  5. “INTENT” AFTER THE ENTRY • A ________ has not occurred if the perpetrator's intent arises after entry • If the felonious _____ is there, it is burglary even though the object of the intent is not present or cannot be fulfilled burglary intent

  6. INTENT ISSUE • One ___ commit burglary by entering a building with the ______ to commit rape, robbery, arson, or even a... • ______________ felony such as the sale of fraudulent securities. (Salemme (1992) 2 Cal.App.4th 775.) can intent “Non-dangerous”

  7. DEGREES OF BURGLARY 460 PC. Burglary of ________ dwelling house (including vessels/trailer coaches designed for habitation) • Whether _________ during day or night • Or INHABITED portion of ____ _____ building ... • Is First Degree Burglary (2-6yrs) • All others.... 2nd degree inhabited committed any other

  8. BURGLARY – PUNISHMENT • First degree; ______ • Second degree; _______ • Could be a “misdemeanor” burglary (PC 461) Felony Wobbler

  9. FORCE vs. NO FORCE • The entry ____ __have to be forced. As long as the felonious intent is there, the entry can take place in any manner at any time • For example, going into a large store during the day while it is open to the public with the “intent” to steal does not

  10. 459 PC (Continued) Burglary of Vehicles: • The vehicle must be ______ to constitute burglary • Entering the locked _____ of an ________ vehicle is burglary • Inhabited camper need not be locked • Inhabited means currently being used for dwelling purposes whether occupied or not locked trunk unlocked

  11. VEHICLE BURGLARY • Burglary of a vehicle occurs at the moment _____ is made with the intent to _____ • Regardless of whether the intent is to take the vehicle itself or some object inside the vehicle intent steal

  12. VEHICLE BURGLARY • Vehicle must be ______ or • Some ______ used… for example... • Pushing open the broken wing-window of an otherwise locked vehicle will suffice. • However, simply unhooking, unlatching, or loosening something in order to enter will not locked “force”

  13. USE OF EXPLOSIVES/TORCH • 464 PC; using any acetylene torch, electric arc, etc... • including using ____________ • Or ________, or other explosive; • With intent to commit any crime, either by day or night.... • To open any vault, safe or other secure place nitroglycerine dynamite

  14. POSSESSION OF BURGLARY TOOLS/466 PC/ MISDEMEANOR • Corpus Delicti - Elements of the crime • Possession of certain _____ • (’09) Adds: “Bump Keys” • With the _____ to break or enter any building • Knowingly make or attempt to make a key or other instrument to fit another building without _____ request tools intent legal

  15. BURGLAR TOOLS • 466 PC, when one "makes, alters and repairs any instrument or thing" to be used as a ______ ____, • The mere _________ of such a device for ____ crime is a ____________ burglar tool possession misdemeanor any

More Related