Joyriding Defense in CaliforniaCalifornia Vehicle Code § 10851

What counts as a violation of Penal code § 499b?

Penal Code § 499b makes it a crime to “joyride” a bike or other vessel that belongs to another

Under Penal Code § 499b(a), it is a crime for any person to, without the permission of the owner, take any bicycle for the purpose of temporarily using or operating it.

Under Penal Code § 499b(b), it is a crime for any person to, without the permission of the owner, take any “vessel” for the purpose of temporarily using or operating it.

A person does not need to actually “steal” property to be convicted under Penal Code § 499b. A person can be convicted under this statute for merely using property that belongs to another without permission

Example: Sam uses a bike to get home from work that he found outside of his office. Sam knows that the bike belongs to a co-worker who is on vacation. Sam uses the bike to get home and brings the bike back to work the next morning. Sam can be convicted of “joyriding” under Penal Code § 499b

What is the punishment for violating Penal code § 499b?

Joyriding a bicycle is a misdemeanor punishable by a fine of up to $400, or by imprisonment in a county jail for up to three months, or by both

Joyriding a “vessel” is a misdemeanor punishable by a fine of up to $1,000, or by imprisonment in a county jail not exceeding one year, or by both

What are the defenses to Penal Code § 499b?

• You had permission from the owner to use it
• You mistakenly thought the property belonged to you
• You acted out of necessity