California, United States of America
The following excerpt is from People v. Diaz, G052331 (Cal. App. 2017):
Section 459 provides in relevant part: "Every person who enters any . . . apartment . . . with intent to commit grand or petit larceny or any felony is guilty of burglary." (See 460 [burglary of inhabited portion of any building is burglary of the first degree], 459 ["'inhabited'" means currently being used for dwelling purposes, whether or not occupied]; see People v. Thorn (2009) 176 Cal.App.4th 255, 261 [prosecution must prove the defendant entered a building intending to commit theft or a felony, and the building was inhabited].)
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