Is a defendant guilty of a burglary each time he or she enters a house with the intent to commit the crime?

California, United States of America


The following excerpt is from The People v. Sparks, 106 Cal.Rptr.2d 409, 88 Cal.App.4th 1054 (Cal. App. 2001):

I would note, pertinent to this issue, that one commits a burglary each time he or she enters a dwelling with the requisite intent. Thus, if a defendant enters a house with the intent to commit a theft and repeatedly leaves and reenters carrying items to his car, he is guilty of a burglary for each entry. (People v. Washington (1996) 50 Cal.App.4th 568, 577-579.) While this may be another odd aspect of the crime of burglary, it certainly makes less troubling the idea that one is guilty of a burglary for each interior room entered.3

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