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California Burglary Law and After-Acquired Intent

By Neil Shous, Esq.

Stated in Penal Code 459, California burglary law makes it a crime to enter a structure with the intent to commit petty theft or any felony inside. A person need not actually commit the theft or felony. Merely entering with the requisite intent makes a burglary complete. The central issue in many Penal Code 459 prosecutions is when the person acquired the intent. If s/he decided to commit the theft or felony only after entering the structure, this is not a burglary. Take an example. Marge walks into a Target store, planning to steal some batteries. As long as she intended to steal the items at or before the moment she crossed through the entry doors, she committed a burglary. Even if she changes her mind once inside the store, and elects not to steal the batteries, she still committed a burglary once she entered with the criminal intent...continue to full post

Full post as published by California Criminal Defense Blog on September 09, 2009 (boomark / email).