Any person who, with an intent to commit crime, enters, either by day or by night, any building, whether inhabited or not, and opens or attempts to open any vault, safe by use of acetylene torch or electric arc, burning bar, thermal lance, oxygen lance, or 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.
Penal Code 464 PC is a specific intent crime. It is considered a category of burglary. To achieve this mental state, you must not only intend the act, but you must have the specific purpose to complete the objective of the act’s completion. Under this assessment the party accused must intend that their act results in blowing open a safe for access to its contents. And have the specific purpose of entering any building in attempts to open a safe door or entrance with explosive or incendiary material.
Yes. A dwelling is a building. The issue to note, is that the building does not have to be occupied by people for a violation of Penal Code 464 PC. There only needs to be an assertion of a property right. And the safe must have a direct trace to a property right in the building.
An acetylene torch is a torching device that is handheld, with a gas chamber at the end or supporting is a metal wick that erects out of the device. The wick is coated with acetylene and oxygen that helps its combustion. The combustion chamber is mixed with oxygen and nitrogen. The purpose of the device is used for welding and cutting highly dense metal and steel. Acetylene gas is a hydrogen byproduct of the element acetylene. Acetylene is one of the hottest flammable gasses and preferred for steel and metal cutting devices. The torch is the preferred device for metal and steel.
An electric arc is a device or application that utilizes electric diodes or current which contain visible plasma. The electrical currents flow through the end points to activate the plasma tips. The electric arc is primary used for cutting metal. Although not as corrosive as acetylene, this is an alternative for metals.
A burning bar, as opposed to an electric arc, is similar in construction but the difference is that it is not electrically induced nor uses plasma as a reactive agent. It utilizes a preheated flame that is combusted by oxygen without an electric diode or current. This device is primarily for concrete. A thermal lance is like a burning bar. The thermal lance has an outside covering with a steel coat, within it are tips mixed with aluminum and magnesium which require the compound to be heated by an acetylene flame for adequate temperature to cut. The compound rod mix requires reheating at intervals. It can be used on thin constructions of steel or metal like truck axles.
An oxygen lance is a category of exothermic devices like a thermal lance. This device uses a highly combustible oxygen or gas that can be ignited to create a cutting tool. Oxygen lances are used for metal and steel tips and a preferable choice for concrete or thick wood structures.
Explosive, flammable, or combustible liquids include acids, corrosive liquids, oxidizers, or combustible materials that are regulated by The State Fire Marshals or The Bureau of Alcohol, Tobacco, Firearms or Explosives.
What are the penalties for a violation of Penal Code 464 PC?
A violation of Penal Code 464 PC is charged as felony. A violation includes confinement in prison for 3,5, or 7 years in prison.
What is an example of a violation of Penal Code 464 PC?
What are common Penal Code 464 defenses?
Mistake in Fact
a. The party did intend to open a safe but did not enter a building
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