Penal Code 464 PC
PC 464 – Safe Blowing
California Safe Blowing – Table of Contents
What is the definition of Safe Blowing under Penal Code Section 464 PC?
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.
What is the mental state specified under Penal Code Section 464 PC?
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 opening a safe door or entrance with explosive or incendiary material.
Do residential buildings qualify under Penal Code Section 464 PC?
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.
What substances or materials are defined as safe blowing tools under Penal Code 464 PC?
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 cut 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 temperate 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 or 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 of an example of a violation of Penal Code 464 PC?
- Dedra’s mother Deb refused to open her safe deposit box so that Dedra could pawn the yellow-lipped pearls that was vested to her in a revocable trust “poured-over” from her grandmother’s will. They are Mikimoto settings from “Tiffany’s select” worth $400,000 dollars and meant to be kept in the trust to earn a recurring value for the trust for taxation purposes. Dedra wanted to sell them to buy a home. Debra went to Trust & Co, an undisclosed building location, that was chartered facility under Banking regulations, associated with several top private bankers who work for major “bulge bracket banks” This is where safe deposit box is located. She told her family banker to lead her to the safe deposit box where the pearls were housed and asked for private time. When left alone, Dedra removed from her purse a gum like acidic compound that she attached to the deposit box slip and lit it with a miniature burning bar. The smell emanating alerted the banker. Although the banker, knew who Dedra was, she was not the sole signatory on the account and only had visitation privileges. The banker called the police. She is arrested.
- Burglary – California Penal Code Section 459 PC
- Possession of Burglary Tools – California Penal Code Section 466 PC
- Grand Theft – California Penal Code Section 487 PC
- Receiving Stolen Property – California Penal Code Section 496 PC
- Petty Theft – California Penal Code Section 484 PC
What are common Penal Code 464 defenses?
- Mistake in Law
a. Lawful Claim or Right/ Reclamation or Property
- i. The building that the party entered was his/ her own and there was no victim.
- ii. The party entered a building to assert a primary property interest in the property that was intervened by a crime.
b. The safe has no ownership interest that can be verified and at most the act is an aggravated trespass.
- Mistake in Fact
a. The party did intend to open a safe but did not enter a building
If you are charged with a violation of Penal Code 464 PC call The Esfandi Law Group. Contact Los Angeles criminal defense attorney Seppi Esfandi, principal attorney of The Esfandi Law Group.
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