Legal Question in Criminal Law in California

California vehicle code 10851 is the unlawful taking or driving of a vehicle. It is also known as joyriding. The intent required to violate the statue is the intent to take the vehicle for a drive, even if just around the block.

The DA only needs to prove someone took the car without consent. However, if there was consent and even if that consent was gained through fraud a viable defense can be mounted.

The DA must show the vehicle was taken without consent. The DA must prove the case beyond a reasonable doubt.

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