California Penal Code §464 — Burglary with Explosives
PC §464 punishes anyone who opens or attempts to open a vault, safe, or other secure place by use of acetylene torch, electric arc, burning bar, thermal lance, oxygen lance, or any explosive. It is a straight felony carrying 3, 5, or 7 years in state prison. Unlike ordinary burglary (§459), §464 does not require entry into a structure — the focus is the safe-cracking method, and the offense can be complete on attempt alone.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Burglary with Explosives Cases in All LA County Courts
On This Page
Jump to a Section
01 — Quick Facts
PC §464 — Burglary with Explosives at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §464 — Burglary with Explosives / Torch |
| Code Type | Penal Code (PC) |
| Classification | Straight Felony |
| Penalty Range | 3, 5, or 7 years state prison |
| Enumerated Tools | Acetylene torch, electric arc, burning bar, thermal/oxygen lance, explosive |
| Strike | No (but companion charges frequently strike) |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §464?
What Is California Penal Code §464?
PC §464 Reads:
"Any person who, with 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, or other secure place 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, is guilty of a felony."
— California Penal Code §464
PC §464 is a specialized burglary statute targeting professional 'safe-cracking' operations. It punishes both the successful opening and any attempt to open a vault, safe, ATM, or other secure repository through the enumerated methods. Common fact patterns include ATM smash-attack rings using acetylene torches, commercial safe attacks with thermal lances, and explosive attacks on jewelry or coin repositories.
PC §464 vs. §459 vs. §12303
§464 = burglary using torch/explosive on safe or vault. §459 = ordinary burglary of any structure. §12303 = possession of destructive device (explosive). §464 requires both entry AND enumerated method — sentencing is higher than §459(a) first-degree residential burglary.
PC §464 — Burglary with Explosives/Torch
Entry PLUS use or attempted use of enumerated method on safe/vault. 3, 5, or 7 yrs.
PC §459 — Ordinary Burglary
Entry with intent to commit theft or felony inside — no method requirement. 16 mo–6 yrs.
Why PC §464 Charges Frequently Involve Federal Parallel Prosecution
ATM and commercial-safe attacks that cross state lines, target federally-insured institutions, or involve interstate ring conspiracies trigger federal parallel prosecution under 18 U.S.C. §2113 (bank robbery/burglary) and §844 (explosives). Rubin Law, P.C. defends §464 cases with a focus on intent, tool-method sufficiency, and federal-state coordination.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §464
The prosecution must prove each element beyond a reasonable doubt.
Entry Into a Building
Defendant entered a building — day or night, inhabited or not.
Intent to Commit Crime
Defendant entered with intent to commit some crime — usually theft.
Opens or Attempts to Open Safe/Vault
Defendant opened or attempted to open a vault, safe, ATM, or secure repository.
Use of Enumerated Method
The tool used was an acetylene torch, electric arc, burning bar, thermal or oxygen lance, or explosive.
03 — Degrees
PC §464 — Tiers & Degrees
Charging levels and sentencing tiers for this offense.
§464 — Torch/Explosive Method
Standard §464 sentencing regardless of building type — torch or explosive on safe or vault.
04 — Penalties
Penalties for PC §464 Burglary with Explosives in California
Sentencing exposure and commonly stacked charges.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Burglary with Explosives | PC §464 | 3, 5, or 7 years state prison | Rarely available | No (but often strike enhancements) |
| Ordinary Burglary (lesser) | PC §459 | 16 mo, 2, or 3 years (2nd); 2, 4, or 6 (1st) | Available on 2nd degree | 1st degree is strike |
| Possession Destructive Device | PC §18710 | 16 mo, 2, or 3 years | Available | No |
| Federal Bank Burglary | 18 U.S.C. §2113(a) | Up to 20 years federal | Available | N/A federal |
Aggravating Enhancements & Companion Charges
Great Bodily Injury
PC §12022.7
+3-6 years when tool use causes GBI to person on scene.
Firearm Enhancement
PC §12022
+1 year for being armed during burglary.
Conspiracy
PC §182
Multi-defendant safe-attack rings frequently charged as conspiracy.
Federal Explosives
18 U.S.C. §844(i)
Federal parallel — up to 40 years for explosives used against property in interstate commerce.
Collateral Consequences
- Aggravated-felony immigration exposure — mandatory removal for non-citizens
- Firearm ban under PC §29800 (felon in possession)
- Ineligible for early parole on companion strike offenses
- Enhanced restitution to financial institutions and insurers under PC §1202.4
- Federal parallel prosecution under 18 U.S.C. §2113 / §844
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §464 Burglary with Explosives Charges
Rubin Law, P.C. defense strategies for this charge.
Method Not Enumerated
The tool used was NOT one of the six enumerated methods (torch, arc, burning bar, thermal lance, oxygen lance, explosive). Reduce to §459 second-degree burglary.
PC §464 enumeration
No Attempt on Safe/Vault
Damage to a non-safe container (locker, cash register, cabinet) does not qualify. Only vaults, safes, and comparable secure places count.
PC §464 secure-place
Insufficient Intent at Entry
Under People v. Montoya, burglary intent must exist AT TIME of entry. Later-formed intent reduces or eliminates the burglary count.
People v. Montoya
Alibi / Misidentification
Coordinated safe-attack cases rely heavily on surveillance and cell-site — both defeatable with independent expert analysis.
Neil v. Biggers
Fourth Amendment Suppression
Suppress illegal searches of vehicles, homes, or devices under §1538.5. Riley controls device searches.
Riley v. California
Withdrawal / Renunciation
Voluntary abandonment before completion of attempt may reduce or eliminate criminal liability on attempt theory.
PC §21a
Constitutional Sources
07 — Court Process
How PC §464 Burglary with Explosives Cases Move Through Los Angeles Courts
How this case moves through LA County criminal courts.
- 1
Step 1 — Investigation & Task Force
ATF, FBI Bank Robbery Task Force, LASD, and LAPD Robbery-Homicide investigate together. Surveillance, cell-site, and forensic tool-mark evidence developed.
- 2
Step 2 — Arrest & Search Warrant
Arrest warrants and residence/vehicle search warrants target enumerated tools, cutting equipment, protective gear, and communications.
- 3
Step 3 — Arraignment / Bail Hearing
Bail on §464 typically $250,000 to $1,000,000 — professional ring cases often OR-denied entirely.
- 4
Step 4 — Federal-State Charging Decision
US Attorney's Office may take cases involving FDIC-insured institutions under §2113/§844. State DA handles pure state cases.
- 5
Step 5 — Preliminary Hearing / Grand Jury
Cross-examination on tool-method enumeration, entry-time intent, and identification.
- 6
Step 6 — Trial or Negotiated Plea
Common outcomes: reduction to §459 second-degree, dismissal on enumeration failure, or negotiated disposition avoiding companion strike enhancements.
Los Angeles Courts That Handle PC §464 Burglary with Explosives Cases
LA-area courts most commonly handling filings of this offense.
Clara Shortridge Foltz CJC
Downtown LA — DA Major Crimes Division.
US District Court, Central District of CA
Federal §2113/§844 parallel prosecutions.
Van Nuys Courthouse
San Fernando Valley ATM ring filings.
Long Beach Courthouse
Harbor-area commercial safe attack filings.
Pomona Courthouse
East LA County commercial safe filings.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Burglary with Explosives Defense Attorney
Daniel S. Rubin has defended clients charged with burglary with explosives and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §464 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Burglary with Explosives Cases Throughout LA County
09 — FAQs
PC §464 Burglary with Explosives Questions — Los Angeles
What is PC §464?
California's specialized burglary statute for safe/vault attacks using torches, thermal lances, burning bars, or explosives. Straight felony with 3, 5, or 7 years state prison.
What is the penalty for PC §464?
3, 5, or 7 years state prison with fines up to $10,000. Companion charges (GBI, firearm, explosive, conspiracy) add years. Federal parallel adds up to 40 years.
What tools qualify under §464?
Only the enumerated tools: acetylene torch, electric arc, burning bar, thermal lance, oxygen lance, or explosive. Ordinary pry bars, sledgehammers, drills, and angle grinders do NOT trigger §464.
Is PC §464 a strike?
PC §464 standing alone is not on the §1192.7(c) serious-felony list, but companion charges (residential burglary, GBI, firearm enhancement, explosives) frequently are strikes.
What is the difference between §464 and §459?
§459 covers all burglaries with a broad range of methods. §464 is a special elevated version requiring the enumerated tools AND an attempt on a safe or vault. If the tool is not enumerated, only §459 applies.
Does §464 apply to ATM smash attacks?
Yes, when the ATM attack uses a torch, thermal lance, or explosive — increasingly common in coordinated ring operations. Sledgehammer-only smash attacks fall under §459.
Are there immigration consequences?
Yes, severe. §464 is a crime of moral turpitude and an aggravated felony under INA §101(a)(43)(G) — mandatory removal for non-citizens.
Can §464 be reduced to a lesser charge?
Yes. Common reduction paths: to §459 second-degree burglary (16 mo, 2, or 3 yrs, wobbler) on enumeration failure, or to attempted §459 on entry-intent issues. Rubin Law, P.C. targets these reductions early.
Available 24/7 — Free Consultation
Charged With PC §464 Burglary with Explosives in Los Angeles?
PC §464 is a straight-felony safe-cracking offense with federal §2113/§844 exposure. Rubin Law, P.C. defends coordinated safe-attack cases with a focus on enumeration and entry-intent issues. Call 24/7.