California Vehicle Code 10851 (VC) makes it illegal to drive or take someone else’s vehicle without permission. While this offense is commonly called “joyriding,” the law applies to far more than teenagers taking a car for a short ride. It can be used in cases involving borrowed vehicles, family disputes, unauthorized use of a company vehicle, possession of a stolen vehicle, and traditional vehicle theft. In fact, it is far more commonly filed than the better-known grand theft auto, aka GTA, as that charge requires prosecutors to prove that the defendant intended to permanently deprive the victim of their vehicle.
While many people think of joyriding as a less serious offense than grand theft auto, Vehicle Code 10851 (VC) carries many of the same potential penalties and is often prosecuted just as aggressively. If you have been accused of the unlawful driving or taking of a vehicle in Vista or the rest of San Diego County, please call criminal defense lawyer Peter Liss as soon as possible.
What Is Vehicle Code 10851 (VC)?
Under Vehicle Code 10851 (VC), it is illegal to drive or take another person’s vehicle without their consent. While this could include the traditional definition of a “joyride,” where someone drives a car without the owner’s permission and later returns it, any vehicle theft can be charged under this statute.
To prove the charges, prosecutors must show:
- The defendant took or drove the vehicle,
- The vehicle was not theirs,
- They took the vehicle without the owner’s permission, and
- They intended to deprive the owner of their vehicle for any period of time.
Although 10851 (VC) is often committed by minors, it is just as frequently committed by adults.
Is Borrowing a Car Without Permission a Crime?
Yes. This is the literal definition of joyriding under 10851 (VC). “If a vehicle is not yours and you do not have the explicit or implied permission of the rightful owner,” explains attorney Liss, “you can be charged with this crime even if you just borrow the car for a short drive.”
Common Situations That Lead to 10851 (VC) Charges
Many different incidents can violate this vehicle code. Examples include:
- A teenager driving a family member’s car before they have a license.
- A man’s ex taking his car because she made a few of the payments.
- An employee takes a company car home after work without permission.
- A man borrowing his best friend’s sports car after the friend refused to let him drive it.
- A contractor uses a company work truck to run personal errands.
- A woman test-drives a vehicle and fails to return it on time.
What is the Difference Between Unlawfully Taking a Vehicle and Grand Theft Auto?
To prove grand theft auto charges, the prosecution must show that the defendant intended to deprive the vehicle owner of any chance of reclaiming ownership of their vehicle. There is no such requirement for charges under 10851 (VC).
Instead, the D.A. must simply prove that someone drove or took possession of the vehicle without the owner’s permission and intended to deprive the owner of the car, temporarily or permanently. “Because the prosecution does not have to prove someone intended to steal the vehicle permanently,” notes Liss, “they are far more likely to file charges under 10851 (VC) rather than trying to show someone met the requirements for GTA.”
Can You Be Charged for Driving a Stolen Vehicle?
Yes, 10851 (VC) explicitly reads, “Any person who drives or takes a vehicle not his or her own, without the consent of the owner,” meaning it does not matter if you stole the car or just drove it.
However, it does matter if you know the car was stolen. Intent and knowledge are crucial in these cases. If a friend showed up at your house, for example, and asked if you wanted to drive their new car, you shouldn’t be charged if it turns out they stole the vehicle.
Can a Passenger Be Charged With Joyriding?
Even a passenger can be charged with joyriding if they knew the car was being driven without permission. Just riding in the car isn’t typically enough for prosecutors to secure a conviction, though. Instead, they must usually show that someone aided, abetted, or acted as an accessory to the crime. These actions allow for people to be charged under 10851 (VC), as though they actually stole the vehicle themselves.
Some examples of scenarios involving passengers in stolen vehicles:
- John’s friends picked him up from his house and didn’t tell him they were in a stolen car. He hasn’t committed a crime because he didn’t know it was taken without permission.
- Nancy’s friends pick her up in a car they tell her was stolen. She reluctantly agreed to go to a party with them but did not encourage or aid the theft in any way. She has not committed a crime because she was not a party to the unlawful activity.
- Tony wants to go to the beach, but he doesn’t have a car, so he convinces his friend to take his grandmother’s truck without her permission. He can be charged with joyriding even though he didn’t actually take the vehicle.
- Emma’s brother picks her up in a stolen car. She doesn’t want him to get in trouble, so she convinces him to drive it in a ditch and cover it with palm fronds.
Is Joyriding a Felony or Misdemeanor in Vista?
Joyriding is a wobbler, meaning it can be a misdemeanor or a felony. When charged as a misdemeanor, offenders can face up to one year in county jail and a fine of up to $5,000. If charged as a felony, the sentence for 10851 (VC) includes up to 3 years in state prison.
Additionally, those charged with this crime may face a six-month driver’s license suspension.
Some situations may result in enhanced penalties:
Reckless Driving
You are more likely to face the maximum sentencing for 10851 (VC) if you were caught recklessly driving the vehicle or were involved in a crash, particularly if someone was injured or killed in the accident.
Emergency Vehicles and Vehicles With Disabled Placards
If the stolen vehicle was an ambulance, a police car, a fire truck, or a car bearing a disabled placard or license plate, the crime is always a felony punishable by up to four years in prison.
Related Criminal Charges
Aside from these allegations, those charged with this crime can face additional charges related to their driving. Many people accused of this crime will also be accused of grand theft auto, receiving a stolen vehicle, reckless driving, hit and run, evading the police, or driving without a valid license. The penalties for these crimes can quickly add up, so contact a defense attorney as soon as possible if you have been accused of these crimes.
When Minors are Accused of Joyriding
Many people charged with joyriding are juveniles. In California, minors under 12 cannot be charged with a crime, and those over 12 will go through the juvenile court system, which operates differently from traditional courts and focuses more on rehabilitation than punishment. The juvenile court treats many joyriding cases as delinquent acts rather than criminal offenses, so offenders typically face less severe sentences.
The exact penalties will vary based on the specifics of the incident, the offender’s age, the defendant’s criminal history, and more. Common penalties for minors convicted of joyriding include:
- Community service
- Counseling
- Detention in a juvenile facility
- House arrest
- Lost or delayed driving privileges
Students are sometimes punished by schools, even when the activity occurred off-campus, for violating their school conduct agreement.
A juvenile crimes lawyer can often help minimize the charges and penalties a minor may face for joyriding or grand theft auto crimes. “Many of my juvenile clients are eligible for a diversion program, which can help them keep the offense off of their criminal record,” says Liss.
When committed by minors, this offense frequently involves drivers who don’t yet have their licenses. In these cases, the minor may also face charges for driving without a valid driver’s license.
Defenses to 10851 (VC) Charges
A strong defense can give your attorney more leverage for a good plea bargain, help your attorney get the charges dismissed, or enable you to fight the allegations in court. Some of the best defenses against unlawful taking or driving of a vehicle include:
Owner Consent
If there is evidence that the owner consented to the defendant borrowing their car, this should serve as an absolute defense against the charges.
Reasonable Belief You Had Permission
Even if the owner did not explicitly consent to the defendant driving the car, the defendant can still argue that they believed they had the owner’s permission. This defense could involve obtaining permission from a person mistakenly believed to be the owner, or from someone who wrongly believes they had consent to borrow the vehicle.
For example, it would be reasonable for someone to believe they had permission to borrow a vehicle if they were staying at their friend’s house and their friend tossed them their keys and said, “What’s mine is yours.”
Ownership Disputes
Sometimes, there is a misunderstanding regarding vehicle ownership. For example, a now-separated couple may disagree on who currently owns a vehicle they purchased together. Or, a teen may believe their parents bought them a vehicle when they turned 16, when the parents really bought a third vehicle for the child to borrow with their parents’ permission.
Emergency Necessity
Taking a car without permission due to a real emergency can serve as a total defense to the charges. To use this “necessity defense,” there must be a true emergency involving risk of bodily harm that justifies your actions and no other reasonable alternative available. For example, if you are hiking in Hellhole Canyon when a wildfire breaks out, you may be justified in taking an unused vehicle without permission to get to a safe area.
Lack of Knowledge
Accidents happen. If you didn’t intentionally drive someone else’s car without permission, you haven’t violated the law. For example, if you drove away in a vehicle nearly identical to yours at a valet parking pickup, you would have a strong defense.
Passenger Only
While passengers can be convicted under this law if they aid, abet, or act as an accessory to the crime, just riding in a stolen vehicle isn’t inherently a crime.
Other common defenses include:
- Mistaken Identity
- Insufficient Evidence
- Illegal Search and Seizure
Can Joyriding Charges Be Reduced?
Yes. In many cases, felony charges may be reduced to misdemeanors, or 10851 (VC) charges may be reduced to a lesser offense. Beyond that, it is often possible for attorneys to have the penalties reduced, so you spend time on probation rather than behind bars. Sometimes, offenders may qualify for a diversion program that will keep them out of jail and keep the charge off their criminal record.
Call an Attorney Today
Whatever the specifics of your case, it is always advisable to avoid talking to the police without your theft crime lawyer present, or you may weaken your defense. To schedule a free initial consultation with criminal defense lawyer Peter M. Liss, please call (760) 643-4050 or (858) 486-3024.
Frequently Asked Questions About 10851 (VC)
Is Joyriding a Felony?
It can be charged as a felony or misdemeanor. As a felony, it carries a maximum sentence of three years in prison.
What Happens if the Owner Later Gives Permission?
Even if the owner gives you consent later on, you can still be charged under 10851 (VC). This scenario sometimes occurs when the vehicle’s owner is a friend or family member of the defendant who doesn’t want to see them face charges; but ultimately, charging decisions are up to the District Attorney.
Can a Juvenile Be Charged With Joyriding?
Yes. However, they will face charges in juvenile court, which focuses on rehabilitation instead of punishment.
Can 10851 (VC) Charges Be Expunged?
It is often possible to have these charges expunged. Please speak with a lawyer who handles criminal expungement to discuss whether or not you qualify.
Can I Be Charged if I Returned the Vehicle?
Yes, 10851 (VC) applies even if you only took the vehicle temporarily. If you took someone else’s vehicle without permission, you may be charged.
