What are the elements of a first degree burglary?

California, United States of America


The following excerpt is from People v. Nelson, B296142 (Cal. App. 2021):

Section 459 defines the crime of burglary as entry into "any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building . . . with intent to commit grand or petit larceny or any felony . . . ." The elements of first degree burglary are (1) entry into a structure currently being used for dwelling purposes and (2) with the intent to commit a theft or a felony. ( 459, 460; People v. Sample (2011) 200 Cal.App.4th 1253, 1261.)

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