Penal Code 459 defines California burglary through entry into a listed place with intent to commit theft or another felony. The section does not, by itself, answer every question about degree or punishment. Its current text also addresses disaster-damaged structures and displaced occupants. Start with the alleged entry, the intended offense, and the law applicable when the conduct allegedly occurred.
The current text of Penal Code 459
The following is the full operative text of Penal Code section 459, checked October 1, 2026. The Legislature identifies the amendment as AB 468, effective January 1, 2026. Whitespace is normalized below; the statutory words are unchanged.
(a) Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, as defined in Section 21 of the Harbors and Navigation Code, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, railroad car, locked or sealed cargo container, whether or not mounted on a vehicle, trailer coach, as defined in Section 635 of the Vehicle Code, any house car, as defined in Section 362 of the Vehicle Code, inhabited camper, as defined in Section 243 of the Vehicle Code, vehicle as defined by the Vehicle Code, when the doors are locked, aircraft as defined by Section 21012 of the Public Utilities Code, or mine or any underground portion thereof, with intent to commit grand or petit larceny or any felony is guilty of burglary. As used in this chapter, “inhabited” means currently being used for dwelling purposes, whether occupied or not. A house, trailer, vessel designed for habitation, or portion of a building is currently being used for dwelling purposes if, at the time of the burglary, it was not occupied solely because a natural or other disaster caused the occupants to leave the premises. (b) The fact that the structure entered has been damaged by a natural or other disaster, or the extent of that damage, does not preclude conviction.
Read the alleged entry and intent together
The long list of places does not remove the intent requirement. Section 459 connects entering the place with an intent to commit theft or a felony. A complaint’s shorthand description—such as “burglary”—does not explain the prosecution’s entire theory.
For a conversation with counsel, identify what entry is alleged and what crime the prosecution says was intended. Preserve the available timeline, including messages about permission, appointments, purchases or access. Do not edit those records to create a cleaner narrative. Questions about permission to enter and a burglary allegation need a closer analysis than simply deciding whether a door was open.
What the 2026 disaster language means for the property question
An empty building is not automatically uninhabited under the quoted definition. The statute expressly addresses a dwelling left unoccupied solely because a natural or other disaster caused its occupants to leave. Subdivision (b) also states that disaster damage does not itself preclude a conviction.
That makes the property’s use and the reason for absence relevant questions, rather than assumptions to make from a photograph of an empty or damaged structure. Bring counsel the alleged date, what the complaint identifies as the location, and any available records about occupancy or displacement. The current text is a reference; counsel must check which statutory version and other rules apply to the particular allegation.
Which nearby provisions change the analysis?
| Question raised by the paperwork | Provision to read with section 459 |
|---|---|
| Is the allegation first- or second-degree burglary? | PC 460 separates burglary of the listed inhabited dwellings from other burglary, subject to its text. |
| Does an entry into an open business fit shoplifting instead? | PC 459.5 sets out the business-hours, intended larceny and value requirements, charging rule and punishment exception. |
| Does a vehicle-entry allegation depend on locked doors? | Section 459 contains a locked-door condition for its listed vehicle category. PC 465 separately addresses forcible vehicle entry; an unlocked-door argument does not answer every possible vehicle charge. |
These cross-references are reasons to read the whole complaint. They are not a prediction that a charge will be dismissed or reduced. This code guide focuses on interpreting the current text; the firm’s burglary defense page discusses seeking representation.
Prepare for a focused review of a PC 459 allegation
Keep the complaint, citation or release papers together with the next hearing notice. Note whether the allegation concerns a residence, a business or a vehicle, and distinguish what you personally know from what someone else reported. The useful question for a lawyer is how the evidence connects to the charged elements and related provisions—not whether a single label on a booking record settles the case.
You can contact the Law Offices of David S. Chesley to discuss the allegation, available records and scope of representation. A consultation can help identify the questions needing investigation; no outcome can be promised.