What is the test for a motor vehicle theft?

California, United States of America


The following excerpt is from People v. R.F. (In re R.F.), A151304 (Cal. App. 2018):

Vehicle Code section 10851, subdivision (a) prohibits the unlawful taking or driving of a vehicle with the intent to deprive the owner of possession. A violation is shown "either by taking a vehicle with the intent to steal it or by driving it with the intent only to temporarily deprive its owner of possession (i.e., joyriding)." (People v. Allen (1999) 21 Cal.4th 846, 851.) Appellant contends insufficient evidence supports the auto theft adjudication in this case because there was no evidence appellant took the vehicle, and insufficient evidence he drove the vehicle or aided another in doing so with the intent of depriving the owner of its use.

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