Can consent be a defense to burglary?

California, United States of America


The following excerpt is from People v. Jarrell, C081846 (Cal. App. 2020):

such a defense and the defense is not inconsistent with the defendant's theory of the case.' [Citation.]" (People v. Breverman (1998) 19 Cal.4th 142, 157, original italics.)

Consent can be a defense to burglary. "On the premise that the type of entry involved in burglary is the invasion of a possessory right by someone who has no right to be in the building for illegal purposes, case law has developed the consent defense to burglary. ([People v.] Felix [(1994)] 23 Cal.App.4th [1385,] 1398 [(Felix)] [relying on requirement of an invasion of a possessory right in formulating the consent defense to burglary]; People v. Superior Court (Granillo) (1988) 205 Cal.App.3d 1478, 1485 [relying on the principle that 'burglary law is designed to protect a possessory right in property against intrusion and the risk of harm' in determining that burglary is not committed by a defendant selling stolen property in an undercover officer's apartment at the officer's invitation].)" (Sherow, supra, 196 Cal.App.4th at p. 1308.)

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