CALCRIM No. 1701

Burglary is divided into two degrees. If you conclude that the defendant

committed a burglary, you must then decide the degree.

First degree burglary is the burglary of an inhabited (house [or a room

within an inhabited house]/vessel/floating home/trailer coach/part of a

building).

A (house/vessel/floating home/trailer coach/part of a building) is inhabited

if someone uses it as a dwelling, whether or not someone is inside at the

time of the alleged entry.

[A (house/vessel/floating home/trailer coach/part of a building) is

inhabited if someone used it as a dwelling and left only because a natural

or other disaster caused him or her to leave.]

[A (house/vessel/floating home/trailer coach/part of a building) is not

inhabited if the former residents have moved out and do not intend to

return, even if some personal property remains inside.]

[A house includes any (structure/garage/office/ ) that is

attached to the house and functionally connected with it.]

[A vessel includes ships of all kinds, steamboats, steamships, canal boats,

barges, sailing vessels, and any structure intended to transport people or

merchandise over water.]

[A floating home is a floating structure that:

(1) is intended to be used as a stationary waterborne residence;

(2) does not have its own mode of power;

(3) is dependent on a continuous utility link originating on shore;

AND

(4) has a permanent continuous hookup to a sewage system on

shore.]

[A trailer coach is a vehicle without its own mode of power, designed to

be pulled by a motor vehicle. It is made for human habitation or human

occupancy and for carrying property.]

[A trailer coach is also a park trailer that is intended for human

habitation for recreational or seasonal use only and:

(1) has a floor area of no more than 400 square feet;

(2) is not more than 14 feet wide;

(3) is built on a single chassis;

AND

(4) may only be transported on public highways with a permit.]

All other burglaries are second degree.

The People have the burden of proving beyond a reasonable doubt that

the burglary was first degree burglary. If the People have not met this

burden, you must find the defendant not guilty of first degree burglary.

New January 2006