Does the phrase "inhabited dwelling house" in the California Penal Code apply to a home that is not occupied?
California, United States of America
The following excerpt is from People v. Chavira, 3 Cal.App.3d 988, 83 Cal.Rptr. 851 (Cal. App. 1970):
(a) We agree with the Attorney General that the phrase 'inhabited dwelling house' has the same meaning in section 246 as it has in section 460 of the same code, defining first degree burglary. It is settled that, in the burglary section, the building is 'inhabited' if a person resides therein even though it be temporarily unoccupied. (People v. Valdez (1962) 203 Cal.App.2d 559, 563, 21 Cal.Rptr. 764.) The first contention fails.
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