436 P.3d 941
Cal.2019Background
- Minor H.W. entered a Sears store, used a pair of pliers to remove an anti‑theft tag from jeans, placed the jeans in his backpack, and exited without paying. Loss prevention observed these actions and detained him.
- Police found H.W. had no money or identification; the pliers were about ten inches long with a half‑inch blade.
- Sacramento County DA petitioned under Welf. & Inst. Code § 602 alleging petty theft (Pen. Code § 484) and possession of burglary tools (Pen. Code § 466). Juvenile court sustained both allegations and placed H.W. on probation.
- The Court of Appeal upheld the § 466 finding, treating the pliers as an “other instrument or tool” and concluding H.W. possessed them with a burglarious purpose to commit theft.
- The California Supreme Court granted review to resolve (1) the scope of “other instrument or tool” in § 466 and (2) the mens rea required for liability under that statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the pliers qualify as an “other instrument or tool” under Pen. Code § 466 | §466 is broadly worded; pliers can be read as an “other instrument or tool” because they can defeat security devices and facilitate theft | Pliers are not listed; ejusdem generis limits “other instrument or tool” to items similar to listed tools (designed for breaking/entering) so ordinary pliers fall outside | Court assumed, for argument, pliers could qualify but did not rest decision on that point; analysis focused on intent requirement |
| What mental state § 466 requires (scope of “intent feloniously to break or enter”) | The requisite intent is the same as burglary §459: intent to commit theft or any felony inside a structure (i.e., intent to use the tool to commit theft inside) | The statute’s phrase “break or enter” and listed tools indicate a narrower intent—an intent to use the tool to effectuate physical breaking or entry into a structure to commit a felony | Court held §466 requires intent to use the instrument or tool to break or otherwise effectuate physical entry into a structure to commit theft or another felony; H.W. lacked that intent (he used pliers only to remove a tag), so reversal of the §466 finding was required |
Key Cases Cited
- People v. Kelly, 154 Cal.App.4th 961 (Cal. Ct. App. 2007) (interpreting §466 to include tools possessed with intent to be used for burglary)
- People v. Diaz, 207 Cal.App.4th 396 (Cal. Ct. App. 2012) (took a narrower view of §466’s reach)
- People v. Southard, 152 Cal.App.4th 1079 (Cal. Ct. App. 2007) (discussed “burglarious purpose” in tool‑possession context)
- People v. Sparks, 28 Cal.4th 71 (Cal. 2002) (background on burglary elements and common‑law origins)
- People v. Garcia, 62 Cal.4th 1116 (Cal. 2016) (historical discussion of burglary statute amendments)