Burgarly Criminal Justice 102
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24 Terms
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Burglary
PC 459
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Burglary (459) Essential Elements
\-Entry (actual or constructive)
\-of a building, dwelling, or structure or a vessel
\-Or a vehicle (when the doors are locked) or an aircraft
\-With specific intent to commit: Petty Theft or Any Felony
\-of a building, dwelling, or structure or a vessel
\-Or a vehicle (when the doors are locked) or an aircraft
\-With specific intent to commit: Petty Theft or Any Felony
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What is needed to constitute a burglary?
There must be entry no matter how slight
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What is the intent for Burglary
In all cases, there must be a specific intent to commit theft and it must exist at the time of entry
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What is structure for the purpose of burglary?
A building or structure is defined as having on all sides, covered with a roof.
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A vehicle is subject to burglary only when?
only when the doors are locked, but a window may also be slightly ajar
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What is stealing from an unlocked vehicle considered?
It is considered theft.
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What are the Degrees of Burglary? (460)
1st; Inhabited Dwelling
2nd; all others burglaries
2nd; all others burglaries
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In order for Vessels/boats to be subjected to 1st degree they must be?
They must be designed for habitation
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Burglary punishment (PC)
PC 461
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1st degree burglary punishment
2-6 years in prison
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2nd degree Burglary Punishment
County Jail Wobbler
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Burglary with Explosives/ Acetylene Torch
PC 464
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Explosives/ Acetylene Essential Elements (464)
\-any person with intent to commit a crime
\-enters any building
\-opens or attempts to open a vault, safe, etc by use of torch, or similar device
\
\-enters any building
\-opens or attempts to open a vault, safe, etc by use of torch, or similar device
\
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Punishment
Explosives/ Acetylene Essential Elements (464)
Explosives/ Acetylene Essential Elements (464)
Felony (County Jail)
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Possession of Burglary Tools
PC 466
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Possession/ entry of Coin machine
PC 466.3
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Possession/ Vehicle Master Key
PC 466.5
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Unlawful Possession/ Vehicle Keys
466\.7
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Possession of Code Grabber
PC 466.9
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Unauthorized Duplication of Keys
PC 469
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Unlawful Forced Entry
PC 603
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Unlawful Forced Entry (PC 603) Essential Elements
\-every person (other than a peace officer)
\-Who forcibly and without consent of owner enters a dwelling house, cabin, etc
\-who injured, destroys property of value
\-Who forcibly and without consent of owner enters a dwelling house, cabin, etc
\-who injured, destroys property of value
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Unlawful Forced Entry Punishment (603)
Misdemeanor
Note 
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