Burglary of a Safe or Vault

Penal Code - § 460

What counts as a violation of Penal code § 460?

Penal Code § 460 defines the crime of burglary of a safe or vault.

To be convicted of burglary of a safe or vault, the prosecution must prove all of the following:

  1. The person intended to commit a crime,
  2. The person entered a building,
  3. The person opened or attempted to open any vault, safe, or other secure place
  4. The person used any of the following to open it:
  • acetylene torch or electric arc
  • Burning bar
  • Thermal lance, oxygen lance
  • Any other similar device capable of burning through steel, concrete, or any other solid substance, or
  • By use of nitroglycerine, dynamite, gunpowder, or any other explosive

What is the punishment for violating Penal code § 460?

Penal Code § 460 is a felony punishable by imprisonment for a term of three, five, or seven years.

What are the defenses to Penal Code § 460?

  • You did not intend to commit a crime when you entered the building
  • You did not attempt to open a safe or vault or other secure place
  • You did not use any of the methods outlined by the statute to open the secure place

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