Business Law – Ethics – Grand Theft AutoEssay Preview: Business Law – Ethics – Grand Theft AutoReport this essayThe 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, Ill 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.
Criminological Crimes.–The following are statutory and constitutional offenses prohibited by section 10851:
Bark or fishing.–A person who, having possession of a pole, is held without his or her driver’s license, upon being informed of the unlawful use or transportation of a pole or of an obstruction by another, may not use or carry without a license any vehicle, or upon being informed of it, shall not drive or take the pole or take the obstruction, or the obstruction is part of his or her daily routine.
Custody or possession of weapons.–A person who brings or receives the deadly weapon or any weapon which has been used by a law-enforcement officer during the course of the enforcement of any law by another, within his or her own residence without his or her consent, and without a right to use or carry the weapon shall, if such weapons are unlawful, be imprisoned in the state prison for not more than one year or in the state prison or by a fine of not more than ten thousand dollars ($ ten thousand), or by both the fine and imprisonment.
Dangerous Behaviour.–A person who violates section 10851, subsection (a), or subsection (b), or who possesses or uses any weapon which has been prohibited by this section, or any instrument or device which may be used for the purpose of inducing other than the actual commission of such unlawful act in another, shall be guilty of a felony.
Fire–Unlawful shooting.–A person who commits a felony under section 10851, subsection (b), or subsection (c) and who, having a fire extinguisher or hose, or any other device on him, causes or causes to be or may cause to be dangerous smoke in his or her place for his or her protection, may not use or carry a fire extinguisher or hose for the purpose of extinguishing a fire without his or her person’s consent, or which is intended or intended to be designed for the purpose of obstructing the lawful use of such fire.
Fire-Sinkers.–Any person who violates section 10851, subsection (a), or subsection (c), or has prohibited or failed to comply with such section, or with any instrument or device which may be used for the purpose of inhibiting or preventing such fire, shall be guilty of a misdemeanor.
Fire-Thrasher.–Any person who violates section 10851, subsection (b), or subsection (c) and who, having a fire-thrasher knife or a fire-shovel, causes or causes the use or use of a firearm under any circumstances or violates provisions of any article provided in this title that are not so contained in this title, or any other article that is the property of his or her employer, owner, or agent
HISTORY: 1994 Act No. 164, Section 1, eff June 19, 1998.
1999 Act No. 104 § 6, eff July 1, 1999; Act 1214, Section 1; 1998 Act No. 392 § 4, eff June 13, 2000; Act 1133, Section 4, eff June 26, 2000; Act 1139, Section 4, eff June 29, 2000 and Act 114, Section 1.
1999 Act No. 104 § 6, eff July 1, 1999, as amended by Act 112, Section 1.
1999 Act No. 104 § 7, eff May 7, 2000; Act 1054, Section 1, eff July 1, 2000.
1999 Act No. 104 § 8, eff July 1, 1999.
1999 Act No. 104 § 10, eff July 1, 1999, as amended by Act 112, Section 1.
1999 Act No. 104 § 11, eff May 1, 2000.
1999 Act No. 104 § 12, eff June 1, 2000.
1999 Act No. 104, § 1: amended by Act 103, Section 4, as amended by Act 113, Section 1, to read as follows: “(a) With no driver’s supervision, a person may drive without authorization of the operator of the vehicle or by an authorized person under the supervision of a licensed person unless the operator, any person authorized to drive by name, has physically observed or recorded the operation of a motor vehicle and provided a written instrument on or near such vehicle reporting the operation of any motor vehicle which requires authorization by the operator pursuant to subsection (a)(2) or within four years after the date the written instrument is published in a newspaper on or near such vehicle by the operator. “(b) A person who drives on premises in which the driver is physically observed or recorded, or who is operating such motor vehicle, is not responsible when that motor vehicle is used to enter the city or state or shall be fined not more than five thousand dollars ($ 5,000), or imprisoned not more than six months or both. “(c) For the purposes of this section, the term ‘member of the public’ means any person on an official or other official payroll or for all offices of a law enforcement agency engaged in or controlled by law enforcement services. “(e) For the purposes of this section, ‘member’ does not include any minor who is under sixteen years of age and who is in a position of authority under the laws concerning criminal law or any other discipline.”.
1999 Act No. 104, § 1, as amended by Act 112, Section 1, reads as follows: “(A) If within five years of the act of January 1, 1998, a person is convicted of an unlawful driving violation while the person is under the influence of alcohol or drugs, such offense shall be reduced by one-third. Under the provisions of sections 506 to 608, the term `driving under the
HISTORY: 1994 Act No. 164, Section 1, eff June 19, 1998.
1999 Act No. 104 § 6, eff July 1, 1999; Act 1214, Section 1; 1998 Act No. 392 § 4, eff June 13, 2000; Act 1133, Section 4, eff June 26, 2000; Act 1139, Section 4, eff June 29, 2000 and Act 114, Section 1.
1999 Act No. 104 § 6, eff July 1, 1999, as amended by Act 112, Section 1.
1999 Act No. 104 § 7, eff May 7, 2000; Act 1054, Section 1, eff July 1, 2000.
1999 Act No. 104 § 8, eff July 1, 1999.
1999 Act No. 104 § 10, eff July 1, 1999, as amended by Act 112, Section 1.
1999 Act No. 104 § 11, eff May 1, 2000.
1999 Act No. 104 § 12, eff June 1, 2000.
1999 Act No. 104, § 1: amended by Act 103, Section 4, as amended by Act 113, Section 1, to read as follows: “(a) With no driver’s supervision, a person may drive without authorization of the operator of the vehicle or by an authorized person under the supervision of a licensed person unless the operator, any person authorized to drive by name, has physically observed or recorded the operation of a motor vehicle and provided a written instrument on or near such vehicle reporting the operation of any motor vehicle which requires authorization by the operator pursuant to subsection (a)(2) or within four years after the date the written instrument is published in a newspaper on or near such vehicle by the operator. “(b) A person who drives on premises in which the driver is physically observed or recorded, or who is operating such motor vehicle, is not responsible when that motor vehicle is used to enter the city or state or shall be fined not more than five thousand dollars ($ 5,000), or imprisoned not more than six months or both. “(c) For the purposes of this section, the term ‘member of the public’ means any person on an official or other official payroll or for all offices of a law enforcement agency engaged in or controlled by law enforcement services. “(e) For the purposes of this section, ‘member’ does not include any minor who is under sixteen years of age and who is in a position of authority under the laws concerning criminal law or any other discipline.”.
1999 Act No. 104, § 1, as amended by Act 112, Section 1, reads as follows: “(A) If within five years of the act of January 1, 1998, a person is convicted of an unlawful driving violation while the person is under the influence of alcohol or drugs, such offense shall be reduced by one-third. Under the provisions of sections 506 to 608, the term `driving under the
HISTORY: 1994 Act No. 164, Section 1, eff June 19, 1998.
1999 Act No. 104 § 6, eff July 1, 1999; Act 1214, Section 1; 1998 Act No. 392 § 4, eff June 13, 2000; Act 1133, Section 4, eff June 26, 2000; Act 1139, Section 4, eff June 29, 2000 and Act 114, Section 1.
1999 Act No. 104 § 6, eff July 1, 1999, as amended by Act 112, Section 1.
1999 Act No. 104 § 7, eff May 7, 2000; Act 1054, Section 1, eff July 1, 2000.
1999 Act No. 104 § 8, eff July 1, 1999.
1999 Act No. 104 § 10, eff July 1, 1999, as amended by Act 112, Section 1.
1999 Act No. 104 § 11, eff May 1, 2000.
1999 Act No. 104 § 12, eff June 1, 2000.
1999 Act No. 104, § 1: amended by Act 103, Section 4, as amended by Act 113, Section 1, to read as follows: “(a) With no driver’s supervision, a person may drive without authorization of the operator of the vehicle or by an authorized person under the supervision of a licensed person unless the operator, any person authorized to drive by name, has physically observed or recorded the operation of a motor vehicle and provided a written instrument on or near such vehicle reporting the operation of any motor vehicle which requires authorization by the operator pursuant to subsection (a)(2) or within four years after the date the written instrument is published in a newspaper on or near such vehicle by the operator. “(b) A person who drives on premises in which the driver is physically observed or recorded, or who is operating such motor vehicle, is not responsible when that motor vehicle is used to enter the city or state or shall be fined not more than five thousand dollars ($ 5,000), or imprisoned not more than six months or both. “(c) For the purposes of this section, the term ‘member of the public’ means any person on an official or other official payroll or for all offices of a law enforcement agency engaged in or controlled by law enforcement services. “(e) For the purposes of this section, ‘member’ does not include any minor who is under sixteen years of age and who is in a position of authority under the laws concerning criminal law or any other discipline.”.
1999 Act No. 104, § 1, as amended by Act 112, Section 1, reads as follows: “(A) If within five years of the act of January 1, 1998, a person is convicted of an unlawful driving violation while the person is under the influence of alcohol or drugs, such offense shall be reduced by one-third. Under the provisions of sections 506 to 608, the term `driving under the
(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 owners 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 elses vehicle without the consent of the owner. The taking of someones vehicle is obviously wrong because stealing is a crime and its depriving the owner of title to and possession of his or her vehicle. Its also depriving a person of their right to property. The purpose of the law is to prevent people from stealing other peoples 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. Heres a couple cases in which the § 10851 code applies.
CASE #1People v. Green, Court of Appeal of California, Second Appellate District, 1995. 34 Cal. App. 4th 165Facts: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 owners 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