“Grand Theft Auto” in California – Penal Code 487d1 PC

Penal Code 487(d)(1) is the California statute that defines the offense commonly known as “grand theft auto“. This section make it a crime to take someone else’s vehicle, worth $950 or more, without permission, with the intent to deprive the true owner of the vehicle. Prosecutors can charge this offense as a misdemeanor or a felony.

Auto theft or vehicle theft in California can actually lead to charges for one of two different offenses. These are:

1. Grand theft auto (sometimes called “GTA”) under Penal Code 487(d)(1) PC . . . which is a form of the crime of grand theft,¹ and
2. The unlawful taking or driving of a vehicle (often known as “joyriding”) under Vehicle Code 10851 VC. ²

The difference between the two offenses basically revolves around how long you intended to keep the car you took.

If you intended to keep the car permanently or for a substantial period of time, you will likely be charged with grand theft auto under Penal Code 487(d)(1) PC.

But if you just intended to take the car for a short spin, there is a good chance you will be charged with joyriding under Vehicle Code 10851 VC.³

Even though auto theft rates have been declining steadily in America, law enforcement agencies still put a lot of effort into solving and prosecuting vehicle theft cases. In 2011, 85% of all automobiles stolen in California were recovered.⁴

Examples

Examples of the California crime of grand theft auto include:

• Stealing a car to use as a getaway car from another crime,
• Stealing a car intending to sell it for parts, but then getting cold feet and abandoning it (this would be charged under Penal Code 487(d)(1) PC), and
• Taking someone else’s car intending only to ride in it for a couple of hours with your friends and then leave it behind in the neighborhood where you found it (this would be charged under Vehicle Code 10851 VC).

Penalties

Grand theft auto under Penal Code 487(d)(1) PC is technically a wobbler in California law.

This means that they both may be charged as either a misdemeanor or a felony, depending on (1) the circumstance of your case, and (2) whether you have any prior convictions for this or other offenses.⁵

But in practice, GTA under Penal Code 487(d)(1) PC is usually charged as a felony. As such, it carries a potential jail sentence of:

• sixteen (16) months, two (2) years or three (3) years.⁶

In contrast, unlawful taking of a vehicle is usually charged as a misdemeanor for first offenses. The potential penalties include:

• a fine of up to five thousand dollars ($5,000), and/or
• imprisonment in the county jail for up to one (1) year.⁷

Legal defenses

An experienced California theft crimes defense attorney may be able to help
you get your vehicle theft charges reduced or dismissed. There are several legal defenses that could be helpful with this, including:

• You did not intend to steal (for GTA under Penal Code 487 PC only),
• The car actually belonged to you . . . or you believed it did,
• The person who owned the car consented to you taking it, and/or
• You were falsely accused.

In this article, our California criminal defense attorneys will address 5 key things to know about GTA in California:

• 1. The Legal Definition of California Grand Theft Auto (Penal Code 487(d)(1) PC)
• 2. The Legal Definition of California “Joyriding”
• 3. Penalties for Vehicle Theft in California
  • 3.1. GTA (Penal Code 487(d)(1) PC) penalties
  • 3.2. Unlawful taking of a vehicle penalties
• 4. Legal Defenses to Vehicle Theft/Grand Theft Auto Charges
• 5. Grand Theft Auto/Joyriding and Related Offenses
  • 5.1. Penal Code 459 PC burglary and auto burglary
  • 5.2. Penal Code 215 PC carjacking
  • 5.3. Penal Code 496 PC receiving stolen property
  • 5.4. Penal Code 488 & 490.2 PC petty theft

If after reading this article, you have additional questions, we invite you to contact us at Shouse Law Group.

1. The Legal Definition of California Grand Theft Auto (Penal Code 487(d)(1) PC)

The legal definition of the grand theft auto (or “GTA”) in California involves several “elements” of the crime. These are facts that the prosecutor must be able to proven in order for you to be found guilty of GTA.

The elements of California GTA under Penal Code 487(d)(1) PC are:

1. You took a car owned by someone else;
2. The car was worth more than nine hundred fifty ($950) dollars (in most cases);
3. You didn’t have permission from the owner to take the car;
4. When you took the car, you intended either
   • a. to deprive the owner of it permanently, or
   • b. to take it away from the owner of it for a period of time long enough that s/he would be deprived of a significant portion of the value or enjoyment of it; AND
5. You moved the car (this can be a very short distance) and kept it for a period of time (however brief).⁸

Many people think that luxury cars are common targets of auto theft. But in fact, one of the most commonly stolen cars in California is the humble Honda Accord…thanks to the active market for parts for this car.

Example: Miguel is unemployed and having major financial troubles. He knows some people who have made money stealing cars and selling them for parts . . . and has thought about doing this himself from time to time.

One day he sees a pizza delivery car pull up in front of his neighbor’s house. The delivery man leaves the engine running when he takes the pizza up to the house.

Miguel sees his chance, runs out to the pizza delivery car, and starts to drive away in it. He is vaguely thinking he will be able to make some money by selling it.

But after he has driven a couple of blocks, Miguel gets cold feet. He turns off the engine, exits the delivery car, and tries to run away…but is immediately apprehended by a policeman who was parked in the vicinity.

If the prosecutor can prove that Miguel intended to keep the car and sell it for parts, then he may be convicted of GTA…even though he only actually drove the car a short distance and possessed it for a short time.

The elements above make up the legal description of the most common form of grand theft auto – also known as grand theft auto by larceny.  However, you can also commit the crime of grand theft auto by doing any of the following:

1. Using false pretenses (that is, a lie or deceit) to persuade someone to give you ownership of their car,
2. Using a trick to persuade someone to let you take possession of their car, or
3. Using embezzlement to take someone else’s car…or, in other words, abusing a position of trust to take someone else’s car.⁹

Example: Marlene needs some bodywork done to her car, but she doesn’t have the money to pay for it.

Lily, an acquaintance Marlene knows through her church, tells Marlene that she (Lily) has a friend who is an auto body mechanic and sometimes fixes people’s cars for no charge as an act of charity. Lily offers to take Marlene’s car to this mechanic for her, and Marlene gives her the keys.

But Lily does not take Marlene’s car to a mechanic. Instead, she gives it to her teenage son as a gift.

Lily has committed grand theft auto by trick . . . and can be charged and convicted just as if she had hotwired and stolen a stranger’s car.

2. The Legal Definition of California “Joyriding”

The legal definition of an “unlawful taking of a vehicle” (aka “joyriding”) is somewhat different from that of GTA.  The elements of the crime of joyriding are:

1. You took or drove someone else’s vehicle without their consent, and
2. When you took the car, you intended to deprive the owner of it for any period of time.¹⁰

So the main difference between California GTA and California “unlawful taking or driving of a vehicle” is:

• For California GTA, you need to have intended to steal the car permanently or for a long enough period of time to deprive the owner of significant value or enjoyment of it, BUT
• For California “unlawful taking of a vehicle”/joyriding, you just need to have intended to deprive the owner of the car for any period of time…even half an hour or less!¹¹

Example: Eric drives an old, beat-up car. He has a date scheduled with a woman he has met online, and he really wants to impress her.

As luck would have it, his neighbor and friend Frank is on vacation and has asked Eric to water his plants for him . . . so Eric has keys to Frank’s house and can enter his garage. Frank has also left behind his new BMW.

So Eric “borrows” Frank’s car for the night and returns it after his date is over.

Eric has committed the California crime of joyriding even though he never actually intended to steal Frank’s car…or even deprive him of any significant value or enjoyment of it.

Another interesting difference between grand theft auto and joyriding is this:

• As we discussed in Section 1 above, you can be convicted of GTA even if you had the owner’s permission to take their car…provided that you obtained that permission through false pretenses/fraud or trick.¹²
• However, if you have the owner’s permission to take his/her car, you are not guilty of unlawful taking of a vehicle under Vehicle Code 10851 VC, period…even if you obtained that consent through fraud or deceit!

Example: Let’s say Eric wants to use his neighbor Frank’s new luxury car to impress a date…but Frank is not on vacation.

Eric doesn’t think Frank will let him borrow the car for a date, so he makes up a story. He says that a friend of his wants to use a car like Frank’s for a movie shoot…and that the owner of the car will get a credit at the end of the movie and a personal thank-you note from the famous star.

Frank is tempted by this and lets Eric take the car out for an afternoon and evening, thinking it will go to the movie shoot. In fact, Eric uses the car to take his date out.

Eric is not guilty of joyriding because he had Eric’s permission to drive his car…even though he obtained that permission by means of a trick.

3. Penalties for Vehicle Theft in California

3.1. GTA (Penal Code 487(d)(1) PC) penalties

Grand theft auto under Penal Code 487(d)(1) PC is a form of California grand theft (Penal Code 487 PC) and carries the same penalties as that crime.¹³

Therefore GTA is what is known as a wobbler in California law.¹⁴ This means that-in theory-it may be charged as either a misdemeanor or felony, depending on

1. The circumstances of the offense, and
2. The defendant’s criminal history.

However, in practice, California prosecutors — such as the offices of the Los Angeles County District Attorney and the Orange County District Attorney — usually charge grand theft auto as a California felony.

The felony penalties for GTA in California are

• sixteen (16) months, two (2) years or three (3) years in jail,¹⁵
• a fine of up to ten thousand dollars ($10,000),¹⁶ or
• both imprisonment and the fine.

If the person has a prior auto theft conviction, then under Penal Code 666.5 PC, the sentencing range increases to 2, 3 or 4 years.

Penalty enhancements for high-value cars

And if you happen to steal a particularly expensive car, you can receive an additional and consecutive prison sentence, as follows:

• One (1) additional year if the car was worth more than sixty-five thousand dollars ($65,000), or
• Two (2) additional years if the car was worth more than two hundred thousand dollars ($200,000) -which is rare but not unheard of (see, for example, this Ferrari priced at almost twice that amount)!¹⁷

3.2. Unlawful taking of a vehicle penalties

Joyriding / unlawful taking of a vehicle VC is also — technically — a wobbler.¹⁸ But unlike Penal Code 487 GTA, joyriding charges are usually filed as a misdemeanor for first offenders.

If you are charged as a misdemeanor, the maximum penalties are:

• up to one (1) year in county jail, and/or
• a fine of up to five thousand dollars ($5,000).¹⁹

But note that the prosecutor always does have the option of charging the offense as a felony.  If s/he does so, you may face a sentence of:

• sixteen (16) months, two (2) years, or three (3) years in county jail,²⁰ and/or
• a fine of up to ten thousand dollars ($10,000).²¹

Penalties for joyriding in an ambulance, police vehicle, or disabled placard vehicle

The penalties for unlawful taking or driving of a vehicle may increase if the vehicle you took was any of the following:

1. An ambulance on an emergency call,
2. A distinctively marked law enforcement or firefighting vehicle on an emergency call, or
3. A vehicle modified for the use of a disabled person which displayed a distinguishing license plate or placard (like a disabled parking pass).²²

Joyriding in any of these types of vehicles is a felony. It will carry a sentence of:

• two (2), three (3) or four (4) years in jail, and/or
• a fine of up to ten thousand dollars ($10,000).²³

But note that this additional penalty only applies if you knew — or reasonably should have known — that the vehicle was of one of these types.²⁴

Example: On a dare, Scott, a high school student, takes a spin around town in a car that was parked on the street. He is later caught and charged with joyriding.

It turns out the car belonged to a disabled veteran and was modified for that person’s use. The veteran did have a disabled parking placard . . . but it was hidden away in the glove compartment when Scott took the car.

The prosecutor probably cannot show that Scott knew or should have known that he had taken a disabled person’s car, so Scott probably will not face enhanced felony penalties for his joyriding charge.

Prior felony vehicle theft convictions

The penalties and sentencing for a joyriding violation change if you have any of the following on your record:

1. One (1) or more prior convictions for felony joyriding,
2. One (1) or more prior convictions for felony grand theft auto under Penal Code 487(d)(1) PC, or
3. One (1) or more prior convictions for stealing cargo worth more than $950 in violation of Penal Code 487h PC (this is a variation on the California crime of grand theft).²⁵

If you have any of these prior convictions, then your unlawful taking of a vehicle charges will necessarily be felony charges. The potential sentence will be:

• two (2) three (3), or four (4) years in jail, and/or
• a maximum fine of thousand dollars ($10,000) fine.²⁶

4. Legal Defenses to Vehicle Theft/Grand Theft Auto Charges

As you can see, both grand theft auto and unlawful taking or driving of a vehicle can be very serious charges in California.

Fortunately, with the help of an experienced California criminal defense lawyer, you may be able to get your charges reduced or dismissed by using certain common legal defenses.

Some legal defenses that may apply to vehicle theft charges include:

Lack of intent (for Penal Code 487 PC GTA only)

If you are charged with grand theft auto under Penal Code 487(d)(1) PC, you may be able to fight the charges by arguing that you did not intend to steal the car. This is because intent to steal is an essential part of the legal definition of GTA…as it is with all forms of California grand theft.²⁷

But note that this defense will not work against charges of joyriding…since intent to steal is not required under that law.²⁸

According to Lancaster criminal defense attorney John Murray²⁹ :

“When my clients are caught in someone else’s car without permission, one strategy we always discuss is arguing that they didn’t have the intent to steal, which is required by California’s grand theft auto statute. If we can convince the prosecutor they don’t have enough evidence of intent, it may be possible to get the charges reduced from GTA to 10851 VC joyriding…usually a misdemeanor that carries lighter penalties and is much less of a problem on someone’s record.”

Claim of right

Of course, you can’t be convicted of grand theft auto or joyriding if the car you were driving actually belonged to you.

Not only that…but you can’t be convicted of grand theft auto if you had a good faith belief that the property belonged to you . . .  regardless of whether that belief was correct.³⁰

Example: Brad is going through a messy divorce. One day when he desperately needs a ride, he goes to his ex-wife’s house-which until recently was his house-and takes one of the cars that he and his wife had shared. Brad is not aware that the car’s title is only in his wife’s name…and that the current draft of the divorce settlement has her getting the car.
Brad may be able to defend himself against grand theft auto charges by arguing that he reasonably believed the car still belonged partially to him.

Owner’s consent

If the owner of the car that you allegedly stole consented to you taking the car, there is no theft . . . either grand theft auto or unlawful taking / driving of a vehicle.

As we mentioned above, consent is a defense to charges of joyriding (but not to GTA under Penal Code 487 PC) even when you obtained that consent by fraud or trick.³¹

However, consent is not a defense just because the owner may have given you permission to use his/her car in the past.³² Also, your use of the car must fall within the scope of the consent the owner gave.

False accusations

As with all California crimes, people are falsely accused of GTA and joyriding all too often.

Maybe an ex-boyfriend or ex-girlfriend had given you permission to use his/her car…and then tried to “take back” that permission after a fight. Or maybe you were with a group of friends who committed joyriding together…and the others are asking you to take the fall.

A good criminal defense attorney can help piece together the important facts and poke holes in the prosecution’s evidence…to help make sure that justice is done in this sort of case.

5. Grand Theft Auto/Joyriding and Related Offenses

There are several related California crimes that are often charged along with — or instead of — California vehicle theft (either GTA or joyriding). Some of these are:

5.1. Penal Code 459 PC burglary and auto burglary

A Penal Code 459 PC California burglary is defined as entering a building or other enclosure with the intent to commit a felony or petty theft once inside.³³California auto burglary is the same thing — except that it involves entering a car, instead of a building, intending to commit a felony or theft.³⁴

So let’s say you are alleged to have entered someone’s garage to steal their car. You might be charged with both California burglary (for entering the garage) and grand theft auto (for taking the car).

Or let’s say you are alleged to have broken into a car intending to steal it. In that case, you may be charged with auto burglary — even if you didn’t actually succeed in stealing the car!

Burglary is a felony, carrying a possible sentence of:

• 16 months, or two or three years in county jail.

But the penalty can be up to six (6) years in California state prison — if it is committed in an inhabited house or trailer (that is, where someone is currently living).³⁵

5.2. Penal Code 215 PC carjacking

If the allegation is that you took someone’s car from them directly, using either physical force or the fear of physical force to get them to give you the car . . . you may be charged with both vehicle theft and Penal Code 215 PC California carjacking.³⁶

Carjacking is a felony and carries a state prison sentence of three (3), five (5) or nine (9) years.³⁷

Also, carjacking is considered a “violent” felony in California law…which means that it is a “strike” offense under California’s Three Strikes law.³⁸ For this reason, it is especially crucial to fight the carjacking charges if you find yourself charged under both California’s carjacking law and one of California’s vehicle/auto theft laws.

5.3. Penal Code 496 PC receiving stolen property

Penal Code 496 PC, California’s receiving stolen property law, makes it a crime to do any of the following things with property you know to be stolen:

• buy,
• receive,
• conceal,
• sell, or
• withhold

the stolen property.³⁹

Under California law, you cannot be convicted of both receiving stolen property and the actual theft of the property.⁴⁰ Therefore, you are unlikely to be charged with both receiving stolen property and grand theft auto under Penal Code 487(d)(1) PC.

But Vehicle Code 10851 VC joyriding is a different story. If you buy or receive a vehicle that you know to be stolen…and then drive that vehicle…you may be charged with both receiving stolen property (for getting the car in the first place) and California joyriding (for driving the stolen car…naturally without the owner’s consent).

However, whether you can be convicted of both receiving stolen property and unlawful taking or driving of a vehicle is a tricky question. Generally speaking, if you receive or help someone conceal a stolen car…and then are charged with unlawfully driving it for a completely different act, usually occurring on a different day…you can be convicted of both.⁴¹

Example: Ricardo was given a stolen car on February 3. On February 7, he was caught and arrested while driving it. Because the act of receiving the car … on February 3…and the act of unlawfully driving it (four days later) were separate, he can be convicted of both receiving stolen property and Vehicle Code 10851 VC joyriding.⁴²

5.4. Penal Code 488 & 490.2 petty theft

If you are accused of stealing a car worth nine hundred fifty dollars or less ($950), you will be charged with California petty theft instead of grand theft auto.⁴³

This is true for all defendants except those with sex offense convictions that require them to register under California’s sex offender act, and those with certain serious felony convictions (including murder, rape, sexually violent offenses, and child molestation) on their record.⁴⁴

California petty theft is a misdemeanor carrying maximum penalties of six (6) months in county jail and/or a fine of up to one thousand dollars ($1,000).⁴⁵

Note that this was not always the case. Prior to the passage of the voter initiative Proposition 47 in November 2014, all cases of auto theft in California were considered grand theft auto–regardless of the value of the vehicle.

Therefore, if you have a felony grand theft auto conviction for stealing a car worth less than $950, you may be able to appeal your sentence under Proposition 47.

Call Us for Help…

If you or a loved one is charged with Penal Code 487(d)(1) PC grand theft auto and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group. We can provide a free consultation in the office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.

In Colorado? Learn about motor vehicle theft (18-4-409 C.R.S.).

In Nevada? Learn about grand theft (grand larceny) auto in Nevada (NRS 205.228).

¿Habla español? Visite nuestro sitio Web en español sobre las leyes de robo de automóviles en California.

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