California, United States of America
The following excerpt is from People v. Garcia, 17 Cal.App.5th 211, 224 Cal.Rptr.3d 911 (Cal. App. 2017):
A person commits burglary when he or she "enters any house [or] room ... with intent to commit grand or petit larceny or any felony." ( 459.) "Every burglary of an inhabited dwelling house ... is burglary of the first degree." ( 460, subd. (a).) "[S]ince burglary is a breach of the occupant's possessory rights, a person who enters a structure enumerated in section 459 with the intent to commit a felony is guilty of burglary ...." ( People v. Salemme (1992) 2 Cal.App.4th 775, 781, 3 Cal.Rptr.2d 398.) There are two exceptions, for persons who, first, have "an unconditional possessory right to enter as the occupant of that structure" or, second, are "invited in by the occupant who knows of and endorses the felonious intent." ( Ibid . )
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