{"id":371740,"date":"2016-03-31T21:34:27","date_gmt":"2016-04-01T02:34:27","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/state\/california-law\/california-burglary-laws.html"},"modified":"2026-07-16T11:42:54","modified_gmt":"2026-07-16T16:42:54","slug":"california-burglary-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/california-law\/california-burglary-laws.html","title":{"rendered":"California Burglary Laws"},"content":{"rendered":"\n
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California Burglary Laws<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

California <\/span>burglary laws<\/span> cover entering a building, room, or locked vehicle<\/span> with the intent to commit a felony or theft once inside. Liability depends on the defendant\u2019s intent at the moment of entry rather than at the completion of the crime. Charges can be misdemeanors<\/span>\u00a0or felonies. Penalties can include fines and jail time<\/span>.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

In California, burglary is broadly defined as entry into any structure, container, or other enumerated building with the intent to commit larceny<\/span> or a felony within. Unlike some states, California’s <\/span>burglary law<\/span> does not require forced entry<\/span>, does not limit \u201cburglary\u201d to daytime or nighttime, and does not limit the crime to habitations.<\/p>\n

Prosecutors can file burglary charges<\/span> independently of any other charges for a crime committed on the property, but it\u2019s often charged alongside other\u00a0felony offenses<\/span>\u00a0such as arson, robbery, and shoplifting<\/span>. A defendant can receive a burglary conviction<\/span> even if there was no breaking and entering and even if they took nothing from the property.<\/p>\n

California <\/span>Burglary Laws<\/span><\/strong><\/h2>\n

Burglary in the state of California (California <\/span>Penal Code<\/span> 459<\/span><\/a>) meticulously lists every possible property that a defendant could enter and receive a charge of burglary. In addition to common residential and commercial structures<\/span>, the burglary statute covers:<\/p>\n