Special Antitheft LawsTheft and Injury of Vehicles
Section § 10850
Section § 10851
This law makes it illegal to drive or take someone else's vehicle without their permission, intending to deprive the owner of the vehicle temporarily or permanently. This includes being involved as an accomplice or accessory. Punishment can include jail time, a fine, or both.
If the vehicle is an ambulance, a marked law enforcement or fire department vehicle on an emergency call, or specially modified for a disabled person, the offense becomes a felony with harsher penalties. Knowledge of the special status of these vehicles is important for this distinction.
The owner's previous consent to use the vehicle cannot be assumed to apply again. Any aggravating factors like prior felonies or the special status of the vehicle must be clearly stated in court documents and proven during trial.
Finally, repeated offenses can lead to enhanced penalties under other sections of the Penal Code.
Section § 10851.5
This law states that if someone takes binder chains valued at $950 or less, without the owner’s permission, and intends to keep them permanently or temporarily, they are committing a misdemeanor. This applies even if the person doesn't intend to steal. If convicted, the person faces at least six months in county jail, a minimum fine of $1,000, or both. Additionally, previous consent by the owner for someone else to take the chains doesn’t imply permission for future taking.
Section § 10852
This law makes it illegal for anyone to intentionally damage, interfere with, or take parts from a vehicle or its contents without the owner's permission. You can't mess with cars, alone or with others, without the owner's okay.
Section § 10852.5
This law prohibits individuals from buying used catalytic converters unless they purchase them from specific authorized sources. These sources include licensed automobile dismantlers, core recyclers, manufacturers, dealers, and other licensed businesses likely to handle used catalytic converters. Private individuals can only purchase them if they possess ownership proof, like a title or registration that matches the converter's identification number.
The law also defines how catalytic converters should be marked for identification. If someone breaks this rule, they're fined $1,000 the first time, $2,000 the second time, and $4,000 for any further violations.
Section § 10853
In California, it's illegal to climb into or onto a vehicle, whether it's moving or stationary, with the intent to cause damage, mischief, or commit a crime. This law also prohibits trying to adjust or tamper with vehicle controls like levers, brakes, or starters if the vehicle is parked and unattended. Additionally, you cannot set a parked and unattended vehicle in motion.
Section § 10854
This law states that if someone is responsible for taking care of a vehicle, like storing or maintaining it, and they use or take any part of it without the owner's permission, they are committing a misdemeanor. If found guilty, they could be fined up to $1,000, jailed for up to a year, or both.
Section § 10855
If someone rents or leases a car and doesn't give it back to the owner within five days after the agreement ends, it's considered embezzlement. This law will start being effective on January 1, 2024.
Section § 10856
This law states that once a vehicle has been repossessed, nobody should interfere with its transport to a storage site, auction, or dealership by a licensed repossession agent. Peace officers on duty are exempt from this rule.
Furthermore, it requires that tow yards, impounding agencies, and similar entities must release a vehicle or collateral to the rightful owner or entitled person unless it's being used as evidence by law enforcement or legal authorities.