Business Law - Ethics - Grand Theft Auto

The topic I chose for research and to become further knowledgeable on is the crime known as grand theft auto or the California State Code 10851. Furthermore, I'll be explaining issues such as the statute as it reads verbatim, legislative intent, cases dealing with the code, the social impact the law has had on society, and my personal opinion of the statute. Moving along, I define the California State Code of grand theft auto as it reads exactly in the state law. It says:

Cal Veh Code § 10851 (2001)

§ 10851. Unlawful driving or taking of vehicle without consent of owner

(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 in the state prison 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 in the state prison 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.

The Legislative intent of this code is to deal with problems which are properly apparent, that being the taking or driving of someone else's vehicle without the consent of the owner. The taking of someone's vehicle is obviously wrong because stealing is a crime and it's depriving the owner of title to and possession of his or her vehicle. It's also depriving a person of their right to property. The purpose of the law is to prevent people from stealing other people's vehicles that they do not own. The law evidently hurts the criminals. For three years, the Legislature wanted to increased the punishment for violating § 10851. The statute was enacted in 1997 and the Legislature clearly indicated the necessity of increasing penalties to deter the growing problem of vehicle thefts throughout California. Two other California Codes are used in prevention of the unauthorized obtaining of vehicles. Cal Pen Code § 499b is when one takes a bicycle, motorboat or vessel for temporary use or operation. Cal Pen Code § 487 is grand theft when money, labor, or real or personal property taken is of a value exceeding four hundred dollars. Here's a couple cases in which the § 10851 code applies.

CASE #1

People v. Green, Court of Appeal of California, Second Appellate District, 1995. 34 Cal. App. 4th 165

Facts:

Esteban Olalde owned a white 1977 Chevrolet Caprice. On the night of August 2, 1992, Olalde was in the car waiting for a friend when two Spanish-speaking males approached, entered the vehicle, and ordered Olalde to drive. After driving a few blocks, they ordered Olalde out of the vehicle and drove away. Olalde reported his vehicle stolen.

Issue:

Did Warren Lee Green drive or take the vehicle without the owner's consent?

Rule:

Section 10851(a) says: "(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. . . ." Violation of this section is a felony offense. Section 499b provides: "Any person who shall, without the permission of the owner thereof, take any automobile, . . . for the purpose