California, United States of America
The following excerpt is from People v. Negrete, B265670 (Cal. App. 2017):
A burglary is committed when a person enters a building with the intent to commit a felony or theft. ( 459.) However, a defense to the charge of burglary is available "when the owner actively invites the accused to enter, knowing the illegal, felonious intention in the mind of the invitee. [Citation.] . . . But the invitation by the owner to enter must be express and clear; merely standing by or passively permitting entry will not do. [Citation.] . . . And . . . the owner-possessor must know the felonious intention of the invitee. There must be evidence 'of informed consent to enter coupled with the "visitor's" knowledge the occupant is aware of the felonious purpose and does not challenge it.' [Citation.]" (People v. Felix (1994) 23 Cal.App.4th 1385, 1397-1398.)
"The consent defense . . . goes to the heart of a defendant's guilt or innocence of the crime of burglary. Accordingly, a defendant has the burden of proof to establish a reasonable doubt as to the facts underlying the defense." (People v. Sherow (2011) 196 Cal.App.4th 1296, 1309.)
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