![]() If the defendant had the owner’s permission or consent to take the vehicle on that specific occasion, he or she would not be guilty of this offense. Defenses to Unlawful Taking or Driving of a Vehicle The man could be found guilty of unlawful taking of a vehicle and the fact that the friend had previously allowed him to use the vehicle would not be a defense.Ĥ. The man knows where his friend keeps a spare key, so he takes the vehicle without the friend’s consent and returns the vehicle later that day. One day, the man needs to borrow the car but cannot find his friend. In another example, a man has previously been given permission to borrow his friend’s car. Moving a vehicle for even a small distance without the owner’s consent would qualify as a taking under the joyriding statute. However he could be prosecuted for unlawful taking or driving of a vehicle under California Vehicle Code Section 10851 VC. The man would not be guilty of grand theft auto under California Penal Code Section 487(d)(1) PC because he did not intend to permanently deprive the owner of his vehicle. He does not intend to steal the vehicle, but only wants to see how it handles. One day the man notices the keys in the ignition of the vehicle and decides to take the car for a quick drive around the block. Unlawful Taking of a Bicycle of Vessel – California Penal Code Section 499b PCĪ man notices that his neighbor has purchased a brand new sports car, which he keeps parked in his driveway.Grand Theft Auto – California Penal Code Section 487(d)(1) PC.Other similar or related offenses include: In any prosecution for this offense, the fact that the owner of a vehicle may have previously consented to the defendant or another person taking or driving the vehicle would not be a defense to the crime of unlawful taking or driving of the vehicle for the current offense. ![]() AND when the defendant did so, he or she intended to deprive the owner of possession or ownership of the vehicle for any period of time.The defendant took or drove someone else’s vehicle without the owner’s consent. ![]() To prove a defendant is guilty of unlawful taking or driving of a vehicle, a prosecutor must be able to establish the following elements: ![]() However, joyriding is still a criminal offense that can carry significant penalties for those convicted. This offense of unlawful taking or driving of a vehicle pursuant to California Vehicle Code Section 10851 VC, more commonly referred to as joyriding, is considered to be less serious than grand theft auto under California Penal Code Section 487(d)(1) PC. There are situations where a person takes or drives a vehicle belonging to someone else but does not intend to permanently steal the vehicle. ![]()
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