Of Crimes Against Property — California Penal Code — Burglary — Punishment Date: 15 Sep 2016 TEXT PDF Current through the 2016 Legislative Session Burglary is punishable as follows: (a)Burglary in the first degree: by imprisonment in the state prison for two, four, or six years. (b) Burglary in the second degree: by imprisonment in the county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170. Ca. Pen. Code § 461 Amended by Stats 2011 ch 39 (AB 117),s 68, eff. 6/30/2011. Amended by Stats 2011 ch 15 (AB 109),s 355, eff. 4/4/2011, but operative no earlier than October 1, 2011, and only upon creation of a community corrections grant program to assist in implementing this act and upon an appropriation to fund the grant program. Amended by Stats 2009 ch 28 (SB X3-18),s 11, eff. 1/1/2010.