Does a defendant have to prove that he entered what in fact was an "inhabited dwelling house" to be convicted of first degree burglary?

California, United States of America


The following excerpt is from People v. Parker, 175 Cal.App.3d 818, 223 Cal.Rptr. 284 (Cal. App. 1985):

Although sections 459 and 460, subdivision 1, require proof that the defendant entered what in fact was an "inhabited dwelling house" or the "inhabited portion of any other building," the language of these sections does not imply, and we do not infer therefrom, that to commit first degree burglary a defendant must have any particular knowledge about the building before he burglarizes it. (Cf. People v. Guthrie (1983) 144 Cal.App.3d 832, 843-848, 193 Cal.Rptr. 54 [neither 459 nor 460 make knowledge that a "dwelling house" is "inhabited" an element of first degree burglary].) 4

Section 459 defines the crime, viz., the unlawful entry of any building with a felonious intent. On the other hand, section 460, subdivision 1, prescribes the punishment by providing a greater punishment when the defendant enters a residence. "As a general proposition, it has been said that a mistake of fact relating only to the gravity of an offense will not shield a deliberate offender from the full consequences of the wrong actually committed. [Citation.]" (People v. Lopez (1969) 271 Cal.App.2d 754, 760-761, 77 Cal.Rptr. 59; emphasis added.) Thus, where a defendant enters a residence, his ignorance that it was a residence provides no protection from the increased punishment that is imposed for his actual conduct.

Other Questions


Is a defendant guilty of first degree burglary if he or she entered an inhabited dwelling with intent to commit grand or petit larceny or any felony? (California, United States of America)
Does the term "inhabited dwelling house" in section 459 of the California Penal Code apply to burglary of the first degree? (California, United States of America)
Does a conviction for first degree burglary qualify as second degree burglary? (California, United States of America)
Is a defendant required to prove that he was convicted of a first degree burglary? (California, United States of America)
When a defendant enters a plea of not guilty by reason of insanity at trial for a first-degree murder, can he still be found guilty of first degree murder? (California, United States of America)
What are the implications of section 654 of the Criminal Code when a defendant is convicted of second degree burglary and second degree robbery? (California, United States of America)
Is a convicted burglar wrongfully convicted because of his co-defendant's prior burglary conviction? (California, United States of America)
What is the test for determining whether a motel room is an inhabited dwelling for the purposes of a robbery and first degree burglary? (California, United States of America)
Does Section 1170.15 of the California Criminal Code apply when a defendant is convicted of a felony (the first felony) and also convicted of dissuading or attempting to dissuade a victim of the first felony? (California, United States of America)
What is the unanimity required for a jury to convict a defendant of murder of the first degree or second degree? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.