{"id":371738,"date":"2016-10-12T11:39:09","date_gmt":"2016-10-12T16:39:09","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/state\/california-law\/california-auto-theft-laws.html"},"modified":"2026-07-16T11:14:24","modified_gmt":"2026-07-16T16:14:24","slug":"california-auto-theft-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/california-law\/california-auto-theft-laws.html","title":{"rendered":"California Auto Theft Laws"},"content":{"rendered":"\n
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California Auto Theft Laws<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

California<\/span> auto theft is the crime of taking or driving a motor vehicle<\/span> without the owner\u2019s permission<\/span>. This can be categorized as grand theft auto<\/span>, carjacking<\/span>, or joyriding<\/span>. It involves the degree of intent, ranging from temporary use to permanent taking of property. Charges can be either\u00a0misdemeanors<\/span>\u00a0or felonies based on the use of force,\u00a0prior convictions<\/span>, and whether the vehicle was locked.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Auto theft in California<\/span> is a serious offense. Like all theft crimes<\/span>, vehicle theft<\/span> is a property offense and involves taking the vehicle without the owner\u2019s consent<\/span>. Auto theft differs from carjacking<\/span>, a violent felony that involves forcibly obtaining the vehicle from the owner\u2019s presence.<\/p>\n

Under California<\/span> law<\/span>, auto theft can be a felony or a misdemeanor<\/span>, depending on the circumstances of the crime. This type of offense, known as a \u201cwobbler<\/span><\/a>\u201d in California<\/span>, can result in a stay in county jail<\/span> or in state prison<\/span>. Grand theft auto<\/span> charges<\/span> are not necessarily subject to the\u00a0three-strikes law<\/span>, but repeat offenses can lead to\u00a0enhancements<\/span>\u00a0on other felonies and result in a strike on the offender\u2019s record.<\/p>\n

California<\/span> Auto Theft Laws<\/span><\/strong><\/h2>\n

California<\/span> has several different motor <\/span>vehicle<\/span> theft<\/span> laws<\/span>, depending on the perpetrator\u2019s intentions for the stolen property<\/span> after use. Let\u2019s take a closer look at these offenses.<\/p>\n

Grand Theft Auto<\/span><\/strong><\/h3>\n

California<\/span> Penal Code<\/span> 487<\/span><\/a> defines grand theft auto<\/span> as the taking of a vehicle<\/span> without the owner\u2019s permission<\/span> or consent. The penal code<\/span> section<\/span> does not require the vehicle to have a specific value, only that the defendant take it and intend to keep it or deprive the owner of it.<\/p>\n

The unlawful taking<\/span> doesn\u2019t require force. Related offenses<\/span> may include fraud, embezzlement<\/span>, or false pretenses<\/span>.<\/p>\n

Joyriding<\/span><\/strong><\/h3>\n

Joyriding<\/span> differs from grand theft auto<\/span> because there is no intent to permanently deprive the owner of their vehicle, although that often results. California<\/span> Penal Code<\/span> section<\/span> 10851<\/a> defines joyriding<\/span> as taking or driving another\u2019s vehicle without permission. The joyriding<\/span> statute includes a provision for intent to permanently deprive the owner. In general, this\u00a0criminal charge<\/span>\u00a0is used when a defendant takes a\u00a0person\u2019s vehicle<\/span>\u00a0without consent but later abandons it.<\/p>\n

Joyriding<\/span> is a felony charge<\/span> if the theft involves a police vehicle, an ambulance, or if the offender has prior convictions<\/span>. There is no set period of time<\/span> that separates joyriding<\/span> from auto theft. The intent of the defendant determines the offense.<\/p>\n

Burglary and Burglary Tools<\/strong><\/h3>\n

After an increase in auto thefts involving high-end vehicles, California<\/span> amended its laws<\/a> to include electronic \u201ckey fob\u201d devices used to break into vehicles and buildings. Possession of these devices is a crime<\/a>, just as possession of burglary tools is.<\/p>\n

California<\/span>\u2019s burglary statute<\/a> makes auto burglary<\/span> the same offense as breaking into any other locked structure. Under this statute, a vehicle must be locked for the crime to be burglary.<\/p>\n

Carjacking<\/span><\/strong><\/h3>\n

Carjacking<\/span> is a subsection<\/a> of California<\/span>\u2019s robbery statutes. Unlike auto theft, it is always charged as a felony. Carjacking<\/span> means taking a vehicle in the presence of the owner of the vehicle<\/span>, through force or fear of force.<\/p>\n

Penalties<\/strong><\/h2>\n

Grand theft auto<\/span> and joyriding<\/span> are \u201cwobbler<\/span> offenses<\/span>\u201d in California<\/span>. They can be misdemeanors<\/span> or felonies, depending on the circumstances of the offense and other factors. Penalties for a vehicle <\/span>theft<\/span> conviction<\/span> include:<\/p>\n