Enacted by Stats. 1959, Ch. 3.
The provisions of this chapter apply to vehicles upon the highways and elsewhere throughout the State.
Chapter 4 - Theft and Injury of Vehicles
California Vehicle Code — §§ 10850-10856
Sections (9)
Amended by Stats. 2011, Ch. 15, Sec. 606. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68. Note: The operative date in subd. (f) originated in, and relates to, a prior version.
(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)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)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)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)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)This section shall become operative on January 1, 1997.
Amended by Stats. 2009, 3rd Ex. Sess., Ch. 28, Sec. 54. (SB 18 3x) Effective January 25, 2010.
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.
Enacted by Stats. 1959, Ch. 3.
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.
Added by Stats. 2022, Ch. 514, Sec. 2. (SB 1087) Effective January 1, 2023.
(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)An automobile dismantler licensed pursuant to Chapter 3 (commencing with Section 11500) of Division 5.
(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)A motor vehicle manufacturer, dealer, or lessor-retailer licensed pursuant to Division 5
(commencing with Section 11100).
(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)Any other licensed business that may reasonably generate, possess, or sell used catalytic converters.
(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)As used in this section, the following terms have the following meanings:
(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)“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)A violation of this section is punishable as an infraction by a fine, as follows:
(1)For a first offense, by a fine of one thousand dollars ($1,000).
(2)For a second offense, by a fine of two thousand dollars ($2,000).
(3)For a third or subsequent offense, by a fine of four thousand dollars ($4,000).
Enacted by Stats. 1959, Ch. 3.
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.
Enacted by Stats. 1959, Ch. 3.
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.
Repealed (in Sec. 3) and added by Stats. 2019, Ch. 609, Sec. 4. (AB 391) Effective January 1, 2020. Section operative January 1, 2024, by its own provisions.
(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)This section shall become operative on January 1, 2024.
Added by Stats. 2014, Ch. 390, Sec. 11. (AB 2503) Effective September 17, 2014.
(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)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.