What is Burglary?
Burglary is the unlawful entry into a building or other structure with the intent to commit a crime inside, most commonly theft. Contrary to popular belief, burglary does not require "breaking and entering" by force; simply walking through an unlocked door without permission can qualify.
Key Elements of Burglary
To convict someone of burglary, prosecutors generally must prove three specific components:
Unauthorized Entry: The person entered a structure without the owner's consent. This includes "remaining behind" after a business has closed.
The Structure: While traditionally defined as a dwelling, modern laws include commercial buildings, sheds, and sometimes even vehicles or fenced yards.
Criminal Intent: The individual must have intended to commit a crime (like larceny or a felony) at the moment they entered. If the intent is formed only after entering, the charge may be different.
For example, if someone enters a supermarket with the intent to shoplift, this crime can be simple theft which is usually a misdemeanor or a more serious felony crime - the crime of burglary. There are many contexts where the burglary issue is of interest. If you enter a college campus as part of a political protest with the intent to stop other students from attending classes is this 1st Amendment protected or is it a felony burglary? If you enter first and later form an intent to commit a crime is this a burglary? (No!) How is your intent at the time of entry proven? Can the prosecution introduce prior crimes to prove your intent when you entered this time? (Applicable to shoplifting cases elevated to a burglary or to the political case referenced above where your political beliefs and statements may be relevant.) However, to get around this elevation of shoplifting to burglary, California passed California Penal Code Section 459.5. This enacted under Proposition 47. It defines shoplifting and explicitly states that anyone charged with this offense cannot also be charged with burglary or theft for the same property. It applies to entering a commercial establishment during business hours with the intent to steal. Recently in Lafayette, California and other San Francisco Bay Area jurisdictions there have been organized groups that planned shopliftings in stores. They come in groups and take thousands of dollars of merchandise. However they use PC 459.5 and only misdemeanors are charged. The local district attorney then drops the charges or provides diversion. This use/misuse of PC 459.5 essentaily legalizes felony shoplifting.
Remember Richard Ramirez - the Night Stalker? He entered homes in order to terrorize and rape. His entry was also a burglary because he entered with the intent to commit a felony once inside. It is the criminal state of mind that separates this type of burglary from a trespass. If you use Nextdoor you will see Ring videos of porch pirates stealing packages. Generally this is a theft and not a burglary unless the pirate enters the home’s curtilage. What is inside the home or outside the home is the subject of some debate and is a case by case discussion. For example is an open porch the curtilage? What about a closed porch?
The California Jury instructions on burglary are kept in a book (online of course) call CALCRIM. CALCRIM 1700 defines the crime and it then has use notes which explain the law in more detail. In terms of entering with the intent to commit a crime, CALCRIM 1700 is very instructive.
"Although actual commission of the underlying theft or felony is not an element of burglary (People v. Montoya (1994) 7 Cal.4th 1027, 1041-1042 [31 Cal.Rptr.2d 128, 874 P.2d 903]), the court has a sua sponte duty to instruct that the defendant must have intended to commit a felony and has a sua sponte duty to define the elements of the underlying felony. (People v. Smith (1978) 78 Cal.App.3d 698, 706 [144 Cal.Rptr. 330]; see also People v. Hughes (2002) 27 Cal.4th 287, 349 [116 Cal.Rptr.2d 401, 39 P.3d 432].)"
Other crimes (most crimes) are defined in that same volume. A Google for these definitions need only be "CALCRIM" burglary - Just put the book name (CALCRIM) and the crime. Lawyers always review these definitions before trial because the California judges 100% rely on these instructions as their starting point for what to tell the jury. You can add variations based upon case specific facts or changes in the law but most judges stick to these rules. In fact the legendary Alameda County judge Stanely Golde regularly told people that "I only get reversed when I explain the instructions". (Stanely couldn't just read them, he editorialized).
Burglary vs. Robbery
While often confused, these are distinct crimes:
Fact Check: You can be charged with burglary even if you don't actually steal anything. The crime is completed the moment you enter the structure with the intent to commit a crime.
