filosa.blogg.se - Malicious mischief

What Are Some Examples?ĮXAMPLE 1: As a prank, Daphne climbs into her neighbor's vehicle, parked on a sloped street. It should also be noted that VC 10853 applies to any items attached to the vehicle, such as license plates, rear-view mirrors, etc., so you may be charged with this crime if you maliciously deface or damage items such as these. However, prosecutors must show that you intended to do the damage. In other words, you don't have to damage or deface the vehicle (i.e., commit malicious mischief) to be convicted.

Note that this law is a crime of intention.

To set the vehicle in motion while it is at rest and unattended.

To attempt to manipulate the levers, brakes, starting mechanism, or other mechanisms of the vehicle AND/OR.

To climb into or onto someone else's vehicle.

Under California law, "malicious mischief" is defined as defacing, damaging, or destroying someone else's property without their consent.Ī conviction carries a fine and county jail time.īearing this in mind, VC 10853 makes it a crime to do any of the following with intent to commit any malicious mischief, injury, or any other crime: Let's review this state law further below. These include that the defendant climbed into or upon a vehicle, it was in motion or at rest, attempted to manipulate the levers, starting mechanism, brakes, or other mechanisms, and did so with the intent to commit malicious mischief. To prove a defendant is guilty of malicious mischief to a vehicle, the prosecutor must be able to prove, beyond a reasonable doubt, several elements of the crimes.

VC 10853 says, “No person shall with intent to commit any malicious mischief, injury, or other crime, climb into or upon a vehicle whether it is in motion or at rest, nor shall any person attempt to manipulate any of the levers, starting mechanism, brakes, or other mechanism or device of a vehicle while the same is at rest and unattended, nor shall any person set in motion any vehicle while the same is at rest and unattended.” This crime is known as malicious mischief to a vehicle, defined under Vehicle Code 10853 VC, and if you're convicted, you could face up to 6 months in jail. It's a crime under Vehicle Code 10853 VC to commit malicious mischief to a vehicle.įor this reason, it's a crime in California to get in or on someone's vehicle without their consent or to manipulate the controls to damage or deface it.