Section § 10850

Explanation
This law applies to vehicles not just on highways, but also anywhere else throughout the state.
The provisions of this chapter apply to vehicles upon the highways and elsewhere throughout the State.

Section § 10851

Explanation

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.

(a)CA Vehicle Code § 10851(a) Any person who drives or takes a vehicle not his or her own, without the consent of the owner thereof, and with intent either to permanently or temporarily deprive the owner thereof of his or her title to or possession of the vehicle, whether with or without intent to steal the vehicle, or any person who is a party or an accessory to or an accomplice in the driving or unauthorized taking or stealing, is guilty of a public offense and, upon conviction thereof, shall be punished by imprisonment in a county jail for not more than one year or pursuant to subdivision (h) of Section 1170 of the Penal Code or by a fine of not more than five thousand dollars ($5,000), or by both the fine and imprisonment.
(b)CA Vehicle Code § 10851(b) If the vehicle is (1) an ambulance, as defined in subdivision (a) of Section 165, (2) a distinctively marked vehicle of a law enforcement agency or fire department, taken while the ambulance or vehicle is on an emergency call and this fact is known to the person driving or taking, or any person who is party or an accessory to or an accomplice in the driving or unauthorized taking or stealing, or (3) a vehicle which has been modified for the use of a disabled veteran or any other disabled person and which displays a distinguishing license plate or placard issued pursuant to Section 22511.5 or 22511.9 and this fact is known or should reasonably have been known to the person driving or taking, or any person who is party or an accessory in the driving or unauthorized taking or stealing, the offense is a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years or by a fine of not more than ten thousand dollars ($10,000), or by both the fine and imprisonment.
(c)CA Vehicle Code § 10851(c) In any prosecution for a violation of subdivision (a) or (b), the consent of the owner of a vehicle to its taking or driving shall not in any case be presumed or implied because of the owner’s consent on a previous occasion to the taking or driving of the vehicle by the same or a different person.
(d)CA Vehicle Code § 10851(d) The existence of any fact which makes subdivision (b) applicable shall be alleged in the accusatory pleading, and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by plea of guilty or nolo contendere or by trial by the court sitting without a jury.
(e)CA Vehicle Code § 10851(e) Any person who has been convicted of one or more previous felony violations of this section, or felony grand theft of a vehicle in violation of subdivision (d) of Section 487 of the Penal Code, former subdivision (3) of Section 487 of the Penal Code, as that section read prior to being amended by Section 4 of Chapter 1125 of the Statutes of 1993, or Section 487h of the Penal Code, is punishable as set forth in Section 666.5 of the Penal Code. The existence of any fact that would bring a person under Section 666.5 of the Penal Code shall be alleged in the information or indictment and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by plea of guilty or nolo contendere, or by trial by the court sitting without a jury.
(f)CA Vehicle Code § 10851(f) This section shall become operative on January 1, 1997.

Section § 10851.5

Explanation

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.

Any person who takes binder chains, required under regulations adopted pursuant to Section 31510, having a value of nine hundred fifty dollars ($950) or less which chains are not his own, without the consent of the owner thereof, and with intent either permanently or temporarily to deprive the owner thereof of his title to or possession of the binder chains whether with or without intent to steal the same, or any person who is a party or accessory to or an accomplice in the unauthorized taking or stealing is guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the county jail for not less than six months or by a fine of not less than one thousand dollars ($1,000) or by both such fine and imprisonment. The consent of the owner of the binder chain to its taking shall not in any case be presumed or implied because of such owner’s consent on a previous occasion to the taking of the binder chain by the same or a different person.

Section § 10852

Explanation

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.

No person shall either individually or in association with one or more other persons, wilfully 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.

Section § 10852.5

Explanation

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.

(a)CA Vehicle Code § 10852.5(a) No person shall purchase a used catalytic converter, including for the purpose of dismantling, recycling, or smelting, except from any of the following:
(1)CA Vehicle Code § 10852.5(a)(1) An automobile dismantler licensed pursuant to Chapter 3 (commencing with Section 11500) of Division 5.
(2)CA Vehicle Code § 10852.5(a)(2) A core recycler, as defined in Section 21610 of the Business and Professions Code, that maintains a fixed place of business and has obtained the catalytic converter pursuant to that section.
(3)CA Vehicle Code § 10852.5(a)(3) A motor vehicle manufacturer, dealer, or lessor-retailer licensed pursuant to Division 5 (commencing with Section 11100).
(4)CA Vehicle Code § 10852.5(a)(4) An automotive repair dealer licensed pursuant to Chapter 20.3 (commencing with Section 9880) of Division 3 of the Business and Professions Code.
(5)CA Vehicle Code § 10852.5(a)(5) Any other licensed business that may reasonably generate, possess, or sell used catalytic converters.
(6)CA Vehicle Code § 10852.5(a)(6) An individual possessing documentation that they are the lawful owner of the used catalytic converter, including, but not limited to, a certificate of title or registration that identifies the individual as the legal or registered owner of the vehicle from which the catalytic converter was detached, and that includes a vehicle identification number that matches the vehicle identification number permanently marked on the catalytic converter.
(b)CA Vehicle Code § 10852.5(b) As used in this section, the following terms have the following meanings:
(1)CA Vehicle Code § 10852.5(b)(1) “Permanently marked” means prominently engraved, etched, welded, metal stamped, acid marked, or otherwise permanently displayed using a similarly reliable method of imparting a lasting mark on the exterior case of the catalytic converter.
(2)CA Vehicle Code § 10852.5(b)(2) “Used catalytic converter” means a catalytic converter that has been previously installed on a vehicle and has been detached. It does not include a reconditioned or refurbished catalytic converter being sold at retail.
(c)CA Vehicle Code § 10852.5(c) A violation of this section is punishable as an infraction by a fine, as follows:
(1)CA Vehicle Code § 10852.5(c)(1) For a first offense, by a fine of one thousand dollars ($1,000).
(2)CA Vehicle Code § 10852.5(c)(2) For a second offense, by a fine of two thousand dollars ($2,000).
(3)CA Vehicle Code § 10852.5(c)(3) For a third or subsequent offense, by a fine of four thousand dollars ($4,000).

Section § 10853

Explanation

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.

No person shall with intent to commit any malicious mischief, injury, or other crime, climb into or upon a vehicle whether it is in motion or at rest, nor shall any person attempt to manipulate any of the levers, starting mechanism, brakes, or other mechanism or device of a vehicle while the same is at rest and unattended, nor shall any person set in motion any vehicle while the same is at rest and unattended.

Section § 10854

Explanation

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.

Every person having the storage, care, safe-keeping, custody, or possession of any vehicle of a type subject to registration under this code who, without the consent of the owner, takes, hires, runs, drives, or uses the vehicle or who takes or removes any part thereof is guilty of a misdemeanor and upon conviction shall be punished by a fine of not exceeding one thousand dollars ($1,000) or by imprisonment in the county jail for not exceeding one year or by both.

Section § 10855

Explanation

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.

(a)CA Vehicle Code § 10855(a) If a person who has leased or rented a vehicle willfully and intentionally fails to return the vehicle to its owner within five days after the lease or rental agreement has expired, the person shall be presumed to have embezzled the vehicle.
(b)CA Vehicle Code § 10855(b) This section shall become operative on January 1, 2024.

Section § 10856

Explanation

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.

(a)CA Vehicle Code § 10856(a) A person shall not interfere with the transport of a vehicle to a storage facility, auction, or dealer by an individual who is employed by a repossession agency or who is licensed pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code once repossession is complete as provided in Section 7507.12 of the Business and Professions Code. This subdivision shall not apply to a peace officer while acting in an official capacity.
(b)CA Vehicle Code § 10856(b) Any tow yard, impounding agency, or governmental agency, or any person acting on behalf of those entities, shall not refuse to release a vehicle or other collateral to anyone that is legally entitled to that vehicle or other collateral. This subdivision shall not apply to a vehicle being held for evidence by law enforcement or a prosecuting attorney.