Vehicle Code § 10852 VC – Tampering with a Motor Vehicle

California Vehicle Code § 10852 VC makes it a crime to (1) tamper with or injure a vehicle as a whole, or (2) break or remove individual parts of a vehicle. Doing so is a misdemeanor punishable by up to one year in county jail.

The language of the code section states that:

10852. 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.

On citations, police often refer to this section as 10852 VC or 10852 CVC as shorthand for the California Vehicle Code.

Examples

• Taking the license plate off his neighbor’s car
• Going into a parking lot and taking the hood ornament off of a Porsche
• Walking home, noticing a car with an open door, and looking in the vehicle’s glove box

Defenses

Luckily, there are several legal defenses that you can raise if accused of a crime under this statute. These include showing that you:

• acted with the consent of the vehicle owner,
• were falsely accused, and/or
• were arrested without probable cause.

Penalties

A violation of this section is charged as a misdemeanor (as opposed to an infraction or a California felony). The offense is punishable by:

• imprisonment in county jail for up to one year, and
• a maximum fine of $1,000.

Please note that in lieu of jail time a judge may award you summary (or informal) probation.

Our California criminal defense attorneys will highlight the following in this article:

• 1. When is it a crime to tamper with a vehicle?
• 2. What are some common legal defense strategies?
  • 2.1. Consent
  • 2.2. Falsely accused
  • 2.3. No probable cause
• 3. What are the penalties under 10852 VC?
• 4. Are there related offenses?
  • 4.1. Auto burglary – PC 459
  • 4.2. Joyriding – VC 10851
  • 4.3. Malicious mischief to a vehicle – VC 10853

1. When is it a crime to tamper with a vehicle?

Vehicle Code 10852 CVC is the California statute that makes it a crime to either:

1. willfully tamper with or injure a vehicle as a whole, or
2. willfully break or remove individual parts of a vehicle.¹

“Tamper with” is defined as “to interfere with.”²

Note that to be guilty under this statute, it is necessary that you act without the consent of the vehicle owner.³

Also note that you commit an act willfully when you do it willingly or on purpose. It is not required that you intend to:

• break the law,
• hurt someone else, or
• gain any advantage.⁴

You can violate VC 10852 by either:

• acting alone, or
• acting in association with one or more persons.⁵

You act “in association” with one or more other people, when you join with another to accomplish a common unlawful purpose.⁶

2. What are some common legal defense strategies?

Three common defenses to VC 10852 charges are:

1. you had the owner’s consent
2. you were falsely accused, and/or
3. the police had no probable cause to arrest you.

2.1. Consent

Recall that VC 10852 states that you are guilty of tampering with a vehicle only if you act without the consent of the vehicle owner. This means it is always a legal defense to show that, while you did something with a vehicle, you had the owner’s approval to do so.

For example, maybe you got something from within the glove box after the owner asked you to do so.

2.2. Falsely accused

Unfortunately, it is not at all uncommon to get prosecuted based on false allegations out of

• jealousy,
• revenge, and
• anger.

Thus, it is a valid defense to say that a party falsely accused you of violating VC 10852.

2.3. No probable cause

The Fourth Amendment to the U.S. Constitution says that police must have probable cause before they can detain or arrest you.

If you were stopped or arrested for violating this statute, and there was no probable cause, then any evidence obtained following the improper stop/arrest could get excluded from the case. This exclusion could result in the dismissal or reduction in charges.

3. What are the penalties under 10852 VC?

A violation of vehicle code 10852 is charged as a misdemeanor. The offense is punishable by:

• imprisonment in county jail for up to one year, and
• a maximum fine of $1,000.⁷

Please note that in lieu of jail time a judge may award you with summary (or informal) probation.

4. Are there related offenses?

There are three crimes related to tampering with a vehicle. These are:

1. auto burglary – PC 459,
2. joyriding – VC 10851, and
3. malicious mischief to a vehicle – VC 10853.

4.1. Auto burglary – PC 459

Under California law, burglary of an automobile is actually a subset of the general crime of burglary under Penal Code 459 PC.

The crime takes place when you enter a locked automobile or its trunk, with the intent to either:

• steal the car (also known as “grand theft auto” or “GTA”),
• steal property contained in the car (for example, commit the California crime of petty theft or grand theft), or
• commit any other California felony inside the vehicle.⁸

Auto burglary is a form of so-called “second-degree” burglary in California.⁹

Second-degree burglary is a wobbler offense, meaning that it can be charged as either a misdemeanor or a felony, depending on the prosecutor’s discretion.¹⁰

If charged as a misdemeanor, the maximum penalty is imprisonment in the county jail for up to one year.¹¹

If charged as a felony, the jail sentence may be 16 months, two years, or three years.¹²

4.2. Joyriding – VC 10851

California Vehicle Code 10851 VC is the California statute that makes it a crime to drive or take someone else’s vehicle without that person’s consent.

A crime committed under VC 10851 is sometimes referred to as “joyriding.”

Under Vehicle Code 10851 VC, the crime of unlawfully taking or driving a car is a wobbler offense, meaning that it can be charged as either a misdemeanor or a felony.

If charged as a misdemeanor, the crime is punishable by:

• imprisonment in a county jail for up to one year, and/or
• a fine of up to $5,000.¹³

If charged as a felony, the crime is punishable by imprisonment in a county jail for a term of:

• 16 months,
• two years, or
• three years.¹⁴

4.3. Malicious mischief to a vehicle – VC 10853

Vehicle Code 10853 states that it is a crime to commit malicious mischief to a vehicle.

Under VC 10853, you can commit malicious mischief in one of two ways.

First, you commit malicious mischief if:

1. you climb into or upon a car while it is in motion or at rest, and
2. you do so with the intent to commit malicious mischief.¹⁵

Second, you can also commit malicious mischief to a vehicle if:

1. you enter a car and attempt to manipulate its levers, starting mechanism, brakes, or any other mechanism or device of the vehicle, and
2. you do so with the intent to commit malicious mischief.¹⁶

California law states that “malicious mischief” is when you deface, damage, or destroy the property of another without consent.¹⁷

Under Vehicle Code 10853 VC, malicious mischief is a misdemeanor offense.¹⁸

As such, it is punishable by:

• imprisonment in the county jail for up to six months, and/or
• a fine of up to $1,000.¹⁹

For additional assistance…

If you or someone you know has been accused of a crime under Vehicle Code 10852 CVC, we invite you to contact us for a consultation. We can be reached 24/7.

For similar accusations in Colorado, please see our article on: “Tampering with a Motor Vehicle in Colorado CRS 42–5–103.”

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