CALCRIM No. 1700

The defendant is charged [in Count] with burglary [in violation

of Penal Code section 459].

To prove that the defendant is guilty of this crime, the People must

prove that:

1. The defendant entered (a/an) (building/room within a building/

locked vehicle/structure/ <insert other statutory

target>);

[AND]

2. When (he/she) entered (a/an) (building/room within the building/

locked vehicle/structure/ <insert other statutory target>), (he/she)

intended to commit (theft/ [or] <insert one or more

felonies>).

<If the evidence supports a defense theory that the crime was shoplifting

as defined by Penal Code section 459.5, give paragraph 3A and the

appropriate following optional paragraphs>

[AND]

[3A. The value of the property taken or intended to be taken was

more than $950.00](;/.)]

[OR]

[3B. The structure that the defendant entered was a noncommercial

establishment(;/,)]

[OR]

[3C. The structure was a commercial establishment that the defendant

entered during non-business hours.]]

To decide whether the defendant intended to commit (theft/ [or]

<insert one or more felonies>), please refer to the separate

instructions that I (will give/have given) you on (that/those) crime[s].

<Give the following bracketed paragraph if the second degree is the only

possible degree of the charged crime for which the jury may return a

verdict.>

[If you find the defendant guilty of burglary, it is burglary of the second

degree.]

A burglary was committed if the defendant entered with the intent to

commit (theft/ [or] <insert one or more felonies>). The

defendant does not need to have actually committed (theft/ [or]

<insert one or more felonies>) as long as (he/she) entered

with the intent to do so. [The People do not have to prove that the

defendant actually committed (theft/ [or] <insert one or

more felonies>).]

[Under the law of burglary, a person enters a building if some part of his

or her body [or some object under his or her control] penetrates the area

inside the building’s outer boundary.]

[A building’s outer boundary includes the area inside a window screen.]

[An attached balcony designed to be entered only from inside of a

private, residential apartment on the second or higher floor of a building

is inside a building’s outer boundary.]

[The People allege that the defendant intended to commit (theft/ [or]

<insert one or more felonies>). Y ou may not find the

defendant guilty of burglary unless you all agree that (he/she) intended

to commit one of those crimes at the time of the entry. Y ou do not all

have to agree on which one of those crimes (he/she) intended.]

New January 2006; Revised October 2010, February 2012, February 2013, August

2015, February 2026*

* Denotes changes only to bench notes and other commentaries.