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Cal. Penal Code § 461

Burglary

Applied in 4 court decisions — leading case Daire v. Lattimore (2015)

Most recently applied in 11 Cal. 5th 510 - People v. Vivar (May 2021)

Amended by Stats. 2011, Ch. 15, Sec. 355

How often courts cite this section

20152020202120
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Burglary is punishable as follows:

(a) Burglary in the first degree: by imprisonment in the state prison for two, four, or six years.

(b) Burglary in the second degree: by imprisonment in the county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.