A Santa Clarita Sheriff Station investigation has lead to burglary and sexual assault charges for Santa Clarita man Russell Malcolm Harris. It’s alleged that on August 1st, Harris broke into a woman’s home and sexually assaulted her before quickly leaving. It’s believed that Harris broke into another 3 homes after fleeing the first, and then 3 more on August 2nd. Harris is being charged with one count of assault to commit rape during the commission of a first-degree burglary, 4 counts of first-degree burglary with a person present, 1 count of first-degree residential burglary and 1 count of attempted first-degree residential burglary.
All the burglary charges stem from the fact that Harris allegedly broke into several homes. Burglary is usually associated with stealing items from a home, but that isn’t necessarily the case. The actual definition of burglary, under California Penal Code 459 PC, is the entering of any residence, commercial building or room with the intention of committing a California felony, a grand theft or a petty theft. Most of the time, people break into someplace because they want to steal something. However, due to the fact that the term “California felony” is added to the description of the crime, a person can also be charged with burglary for committing a wide variety of offenses.
For example, let’s say an individual is fired from their job on a Friday afternoon. That evening, in an attempt to get revenge, the individual enters the office while it’s closed and vandalizes the interior, smashing glass, destroying computers, etc. The person then leaves without taking anything. Because they entered with the intention of committing vandalism, it’s possible that the individual is also charged with burglary.
Burglary comes in 2 forms: first-degree and second degree. First-degree burglary deals with entering residences while second-degree burglary deals with entering commercial properties.
Penalties for first-degree burglary (an automatic felony) include 2 to 6 years in California state prison. Second-degree burglary could be charged as a misdemeanor or a felony. Misdemeanor charges include up to 1 year in county jail while felony charges could be penalized with 16 months to 3 years in county jail.
