California, United States of America
The following excerpt is from The People v. Alvarez, H033840, No. CC807962 (Cal. App. 2010):
"To establish a defendant's guilt of violating Vehicle Code section 10851, subdivision (a), the prosecution is required to prove that the defendant drove or took a vehicle belonging to another person, without the owner's consent, and that the defendant had the specific intent to permanently or temporarily deprive the owner of title or possession." (People v. O'Dell (2007) 153 Cal.App.4th 1569, 1574.) Knowledge that the vehicle was stolen is not an element of the offense, though it "may constitute evidence of the defendant's intent to deprive the owner of title and possession." (Ibid.) Consequently, the trial court's response to the jury's question that "Knowledge is separate from taking or driving, and taking and driving are alternatives," was not a misstatement of the elements of the offense, nor did it remove the issue from the jury's consideration.6
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.