Cal Pen Code § 460 (2004)
§ 460. Degrees
(a) Every burglary of an inhabited dwelling house, vessel, as
defined in the Harbors and Navigation Code, which is inhabited and designed for
habitation, floating home, as defined in subdivision (d) of Section 18075.55 of
the Health and Safety Code, or trailer coach, as defined by the Vehicle Code,
or the inhabited portion of any other building, is burglary of the first
degree.
(b) All other kinds of burglary are of the second degree.
(c) This section shall not be construed to supersede or
affect Section 464 of the Penal Code.
Cal Pen Code § 461 (2004)
§ 461. Punishment
Burglary is punishable as follows:
1. Burglary in the first degree: by imprisonment in the state
prison for two, four, or six years.
2. Burglary in the second degree: by imprisonment in the
county jail not exceeding one year or in the state prison.