What are the elements necessary to establish a violation of section 10851 of the California Vehicle Code?

California, United States of America


The following excerpt is from People v. Kelley, D074701 (Cal. App. 2019):

"The elements necessary to establish a violation of section 10851 of the Vehicle Code are the defendant's driving or taking of a vehicle belonging to another person, without the owner's consent, and with specific intent to permanently or temporarily deprive the owner of title or possession." (People v. Windham (1987) 194 Cal.App.3d 1580, 1590 (Windham).) "Specific intent to deprive the owner of possession of his car may be inferred from all the facts and circumstances of the particular case. Once the unlawful taking of the vehicle has been established, possession of the recently taken vehicle by the defendant with slight corroboration through statements or conduct tending to show guilt is sufficient to sustain a conviction of Vehicle Code section 10851."

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