VC 10852

VC 10852

Offense

Tampering with a vehicle

Aggravated Felony (AF)

Not AF; and a misdemeanor

Crime Involving Moral Turpitude (CIMT)

Should not be held a CIMT. See Advice.

Other Removal Grounds

No other removal ground.

Advice and Comments

CIMT. Never a CIMT because it involves minor interference with and no intent to deprive owner.1“An accepted definition of ‘tamper’ is to ‘interfere with.’” People v. Anderson (1975) 15 Cal.3d 806. Opening a door of an unlocked vehicle without the owner’s consent is tampering. People v. Mooney (1983) 145 Cal.App. 3d 502. This is a lesser-included offense of Veh C § 10851 and requires no intent to deprive the owner.

2020-05-19T19:39:54+00:00Updated January 29th, 2020|