What constitutes an "inhabited dwelling house" within the meaning of the burglary statutes?

California, United States of America


The following excerpt is from People v. Torres, C080759 (Cal. App. 2018):

"Case law has defined what constitutes an 'inhabited dwelling house' within the meaning of the burglary statutes. '[C]ourts have explained that the term "inhabited dwelling house" means a "structure where people ordinarily live and which is currently being used for dwelling purposes." ' [Citation.] The term 'has been analyzed in terms of whether the dwelling was being used as a residence.' [Citation.] Factors relevant to determining whether a house is 'inhabited' include whether the owner or occupant sleeps in the house, keeps personal belongings there, and intends to continue living there. [Citations.] (People v. Tessman (2014) 223 Cal.App.4th 1293, 1298 (Tessman).)

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