What code are 459-460(b) PC and 466 PC violations of? I am filling out a petition for dismissal and am confused.

Asked about 5 years ago - Anaheim, CA

My paperwork asks "On (date) the defendent in the above-entitled criminal action was convicted of a violation of section(s) 459-460(b) PC and 466 PC of the _________ Code."

Can someone tell me what code those sections violate? Thanks in advance for your help.

Attorney answers (2)

  1. Steven Alan Fink

    Contributor Level 20

    Answered . Second degree burglary and possession of a tool used for the purpose of breaking and entering into a building. I have pasted the code sections into the answer

    459. 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.



    460. (a) Every burglary of an inhabited dwelling house, vessel, as
    defined in the Harbors and Navigation Code, which is inhabited and
    designed for habitation, floating home, as defined in subdivision (d)
    of Section 18075.55 of the Health and Safety Code, or trailer coach,
    as defined by the Vehicle Code, or the inhabited portion of any
    other building, is burglary of the first degree.
    (b) All other kinds of burglary are of the second degree.
    (c) This section shall not be construed to supersede or affect
    Section 464 of the Penal Code.


    466. Every person having upon him or her in his or her possession a
    picklock, crow, keybit, crowbar, screwdriver, vise grip pliers,
    water-pump pliers, slidehammer, slim jim, tension bar, lock pick gun,
    tubular lock pick, bump key, floor-safe door puller, master key,
    ceramic or porcelain spark plug chips or pieces, or other instrument
    or tool with intent feloniously to break or enter into any building,
    railroad car, aircraft, or vessel, trailer coach, or vehicle as
    defined in the Vehicle Code, or who shall knowingly make or alter, or
    shall attempt to make or alter, any key or other instrument named
    above so that the same will fit or open the lock of a building,
    railroad car, aircraft, vessel, trailer coach, or vehicle as defined
    in the Vehicle Code, without being requested to do so by some person
    having the right to open the same, or who shall make, alter, or
    repair any instrument or thing, knowing or having reason to believe
    that it is intended to be used in committing a misdemeanor or felony,
    is guilty of a misdemeanor. Any of the structures mentioned in
    Section 459 shall be deemed to be a building within the meaning of
    this section.

  2. Robert Lee Marshall

    Contributor Level 20

    Answered . The other answer quotes the statutes correctly.

    If you were convicted of a felony 459, I would just add that you should also ask to have the conviction reduced to a misdemeanor. There is a checkbox on the form for the Penal Code ยง1203.4 dismissal.

    Reducing a felony to a misdemeanor has more benefits that the dismissal.

    Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like Avvo, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.

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