California Penal Code § 465 PC defines the crime of unlawful entry of a vehicle as forcibly entering a vehicle with the intent to commit theft or any felony inside. Unlawful entry of a vehicle can be a misdemeanor or a felony.
Statute Text
California Penal Code § 465 PC
(a) A person who forcibly enters a vehicle, as defined in Section 670 of the Vehicle Code, with the intent to commit a theft or any felony therein is guilty of unlawful entry of a vehicle.
(b) Unlawful entry of a vehicle is punishable by imprisonment in a county jail for a period not to exceed one year or imprisonment pursuant to subdivision (h) of Section 1170.
(c) As used in this section, forcible entry of a vehicle means the entry of a vehicle accomplished through any of the following means: the use of a tool or device that manipulates the locking mechanism, including, without limitation, a slim jim or other lockout tool, a shaved key, jiggler key, or lock pick, or an electronic device such as a signal extender, or force that damages the exterior of the vehicle, including, but not limited to, breaking a window, cutting a convertible top, punching a lock, or prying open a door.
(d) A person may not be convicted both pursuant to this section and pursuant to Section 459.
PC 465 became a new law in 2024.
Elements of the Crime
To be convicted of unlawful entry of a vehicle in California, the prosecution must prove the following elements beyond a reasonable doubt:
- You forcibly entered a vehicle, and
- You intended to commit theft or any felony inside the vehicle.
Penalties
Unlawful entry of a vehicle is a wobbler offense, meaning it can be a misdemeanor or a felony.
As a misdemeanor, violating PC 465 carries up to one year in jail. As a felony, violating PC 465 carries a jail sentence of either:
- 16 months,
- 2 years, or
- 3 years.
Defenses
Five potential defenses that could get a charge of “unlawful entry of a vehicle” reduced or dismissed include:
- You lacked the intent to commit theft or a felony
- There was no forcible entry into the vehicle
- You were the victim of mistaken identity
- You had the vehicle owner’s consent
- You acted out of necessity or duress