Penal Code § 469 PC – Duplication of a Key to a California State Building

Penal Code § 469 PC makes it a crime to duplicate a key to a California state building without proper authorization. This is a misdemeanor with a maximum sentence of up to 6 months in jail and a fine of up to $1000.00.

The language of the code section reads as follows:

469. Any person who knowingly makes, duplicates, causes to be duplicated, or uses, or attempts to make, duplicate, cause to be duplicated, or use, or has in his possession any key to a building or other area owned, operated, or controlled by the State of California, any state agency, board, or commission, a county, city, or any public school or community college district without authorization from the person in charge of such building or area or his designated representative and with knowledge of the lack of such authorization is guilty of a misdemeanor.

A few examples of state buildings include:

• A building or area owned by the State of California;
• A county or city building; and,
• A public school.

Our California criminal defense attorneys will explain the following in this article:

• 1. Is it illegal to duplicate a key to a California state building?
• 2. How can I defend myself against the charge?
  • 2.1. No Knowledge
  • 2.2. Authorization
  • 2.3. Privately-Owned Building
• 3. Is there potential jail time?
• 4. Related Offenses
  • 4.1. Burglary – PC 459
  • 4.2. Trespass – PC 602
  • 4.3. Possession of Burglary Tools – PC 466

1. Is it illegal to duplicate a key to a California state building?

A prosecutor must prove several elements to show that a person is guilty under PC 469. These are:

1. The defendant knowingly made, duplicated, caused to be duplicated or used a key to a state building; OR
2. The defendant attempted to make, duplicate, cause to be duplicated, or use a key to a state building; AND,
3. The defendant did so without authorization from the person in charge of the building; AND,
4. The defendant had knowledge of the lack of this authorization.¹

Under California law, a person acts “knowingly” if the facts show he took some action to duplicate a key or attempt to duplicate a key. Knowledge of the unlawfulness of the act is not required.²

The statute defines a “state building” as:

a building or other area owned, operated, or controlled by the State of California, any state agency, board, or commission, a county, city, or any public school or community college district…³

This section also makes it a crime for a person to possess a duplicate key to a state building that was made without authorization.⁴

2. How can I defend myself against the charge?

A person accused under Penal Code 469 can challenge the accusation by raising a legal defense. A good defense can often get a charge reduced or even dismissed. Please note, though, that it is critical for an accused to hire an attorney to get the best defense.

Three common defenses are:

1. No knowledge;
2. Authorization; and/or,
3. Privately-owned building.

2.1. No Knowledge

Recall that the main element within a PC 469 charge is that a person must knowingly make or duplicate a key to a state building. Thus, it is an acceptable defense for an accused to prove that he is innocent because he did not have this requisite knowledge. For example, maybe the defendant was trying to get a key to his house and mistakenly made a copy of his work key.

2.2. Authorization

An accused is only guilty under this law if he did not have the authorization to duplicate a key. A defendant, therefore, can try to show his innocence by proving that he had the authorization to make a copy of the key. This proof, though, must include a showing that he had authorization from the building’s owner.

2.3. Privately-Owned Building

This law only applies to state buildings. It does not apply to privately owned buildings (e.g., a building owned by a private company or business). An accused, therefore, can build a legal defense by showing that, while he was duplicating a key, it was not to a “state building.” Rather, the key was to a privately owned building.

3. Is there potential jail time?

Under Penal Code 469, the unauthorized duplication of a key to a state building is a misdemeanor offense.⁵

As such, it is punishable by:

• Imprisonment in the county jail for up to six months; and/or,
• A fine of up to $1,000.⁶

In lieu of imprisonment, a judge has the discretion to impose misdemeanor probation, or “summary” or “informal” probation.

4. Related Offenses

There are three crimes related to duplicating a key to a state building. These are:

1. Burglary – PC 459;
2. Trespass – PC 602; and,
3. Possession of burglary tools – PC 466.

4.1. Burglary – PC 459

Penal Code 459 PC makes it a crime for a person to commit burglary in the State.

PC 459 defines “burglary” as entering any residential or commercial building or room with the intent to commit a felony or a theft once inside.⁷

One commits the crime of burglary merely by entering the structure with the requisite criminal intent, even if the intended felony or theft is never actually completed.

California burglary law is divided into “first-degree burglary” and second-degree burglary.” First-degree burglary is burglary of a residence. Second-degree burglary is burglary of any other type of structure (including stores and businesses).⁸

California first-degree (residential) burglary is a felony. The potential consequences include a state prison sentence of two, four, or six years.⁹

Second-degree (commercial) burglary is what is known as a wobbler in California law. This means that it may be charged as either:

1. A felony, with a potential county jail sentence of sixteen months, two years or three years; or
2. A misdemeanor, with a potential county jail sentence of up to one year.¹⁰

4.2. Trespass – PC 602

California Penal Code 602 PC prohibits the crime known as criminal trespass. A person commits this crime when he:

1. Enters, or remains on, someone else’s property; and,
2. Does so without permission or a right to do so.¹¹

In most cases, California trespass is a misdemeanor punishable by:

• Up to six months in county jail; and/or,
• A fine of up to $1,000.¹²

However, certain kinds of trespass in California may lead only to infraction charges, with penalties consisting of only a small fine.¹³

A person guilty of “aggravated trespass” will face felony charges and could receive a jail sentence of:

• 16 months;
• Two years; or,
• Three years.

“Aggravated trespass” is when a person:

1. Threatens to injure someone; and then,
2. Enters their home or workplace without permission.¹⁴

4.3. Possession of burglary tools – PC 466

Penal Code 466 PC prohibits possessing burglary tools when a person does so with criminal intent.¹⁵ “Burglary tools” are just that…tools that you use to commit a burglary. These tools include instruments such as

• A screwdriver,
• Pliers, or
• Ceramic or porcelain spark plug chips or pieces.

The crime of unlawful possession of burglary tools is charged as a misdemeanor. It is punishable by:

• Six months in a county jail; and/or,
• A maximum fine of $1,000.¹⁶

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