§ 465 PC – Unlawful Entry of a Vehicle in California

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 becomes law in 2025.

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:

1. You forcibly entered a vehicle, and
2. 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 in California.

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:

1. You lacked the intent to commit theft or a felony
2. There was no forcible entry into the vehicle
3. You were the victim of mistaken identity
4. You had the vehicle owner’s consent
5. You acted out of necessity or duress

Related Offenses

• Auto-Burglary (PC 459)
• Grand Theft Auto (PC 487(d)(1))
• Malicious Mischief to a Vehicle (VC 10853)
• Tampering with a Motor Vehicle (VC 10852)

Legal References

• SB 905 (2024)