Is it a Crime to Break into an Unlocked Car in California?

Is It a Crime to Enter an Unlocked Car in California?

Entering an unlocked car may not qualify as “breaking and entering” under California’s burglary laws, but it can still be illegal [1.]. Under California Vehicle Code 10852 VC, it is a crime to tamper with a vehicle, even if the door is unlocked.

“Tampering is defined as conduct interfering with the ownership of the vehicle. Thus, Vehicle Code 10852 makes it a crime to enter someone else’s vehicle, even if the car door is unlocked.”

Auto burglary can be charged as either a felony or misdemeanor, with penalties ranging from one year in county jail to up to three years in state prison, depending on the severity. Common defenses include lack of intent, mistaken entry, or insufficient evidence.

Understanding “Breaking and Entering” in California

While “breaking and entering” is not a standalone crime in California, these terms are crucial in understanding related offenses like burglary and trespassing [2.].

“Breaking” refers to gaining access to a structure through force or deceit. Although breaking used to be necessary for a burglary conviction, it was eliminated in the 1800s, and now, a person can be convicted of burglary without physically breaking into a structure.

“Entering” involves crossing the boundary of a building or structure with any part of your body or an object. Even using a tool to reach inside is considered “entering,” regardless of whether the entire body enters the space.

“You do not need to enter a house or a building in order to be guilty or breaking and entering. This is a common misconception, as we tend to associate breaking and entering with entry into a home or a business. However, in burglary cases, courts define the term “building” very broadly, allowing for the inclusion of structures such as storage units, loading docks and even phone booths.”

Vehicle Code 10852 VC – Tampering with a Motor Vehicle

Under California Vehicle Code 10852 VC, it is illegal to tamper with, damage, or remove parts from a vehicle without the owner’s consent. This misdemeanor offense can result in penalties including fines up to $5,000 and up to one year in jail if convicted.

A related crime, Penal Code 459 PC (auto burglary), involves entering a locked vehicle with the intent to commit theft or another felony offense.

What Constitutes Tampering with a Vehicle?

Vehicle Code 10852 VC defines tampering as willfully interfering with a vehicle or removing its parts without permission [3.]. Examples include actions like taking a license plate, removing a hood ornament, or rummaging through an unlocked car’s glove box.

This law covers any interference with a vehicle, even if it involves parts that are not essential for the vehicle’s operation. Tampering can be done either alone or with others, and it applies whether the vehicle’s owner is aware or not.

Violating this statute can lead to significant legal consequences, emphasizing the importance of understanding California’s laws regarding vehicle tampering.

The text of VC 10852 says, “No person shall either individually or in association with one or more other persons, willfully injure or tamper with any vehicle or the contents thereof or break or remove any part of a vehicle without the consent of the owner.”

Penalties for Tampering with a Vehicle

Unlike auto burglary or vandalism, which can be charged as felonies, tampering with a vehicle is a misdemeanor offense in California. Convictions may result in penalties of up to one year in jail, fines of up to $1,000, and other probationary conditions as determined by the judge. If the tampered vehicle belongs to a disabled person, the maximum fine increases to $2,000.

Defenses to Tampering with a Vehicle

For a conviction of tampering with a vehicle under California law, the prosecution must prove that the defendant’s actions were intentional or willful. If the defendant inadvertently entered or tampered with a vehicle, such as mistaking it for their own, they may have a valid defense based on accidental conduct.

Additionally, involuntary intoxication could serve as a defense if the defendant was unaware of their actions due to being involuntarily impaired, although this defense is only applicable in rare cases.

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If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.

References:
1. https://www.shouselaw.com/ca/blog/burglary/is-it-a-crime-to-break-into-an-unlocked-car-in-california/
2. https://www.robertmhelfend.com/criminal-defense/california-breaking-and-entering-laws/
3. https://www.egattorneys.com/tampering-with-car-vehicle-code-10852/