Blog
California Penal Code Section 499b PC: Unlawful Taking Of A Bicycle Or Vessel
Contents
California Penal Code Section 499b PC: Unlawful Taking Of A Bicycle Or Vessel
Many people rely on their bicycles and other vessels for transportation and work. It may be tempting to “temporarily borrow” someone else’s bicycle, boat or other vessel without their consent, however the unlawful taking of a bicycle or vessel is considered a theft crime under California Penal Code Section 499b PC. Let’s take a closer look at what constitutes an unlawful taking of a bicycle or vessel, penalties, and legal defenses.
Definition and Elements of the Crime
In order to prove that a defendant unlawfully took a bicycle or vessel, a prosecutor must be able to establish the following elements:
- The defendant took someone else’s bicycle or vessel without the owner’s consent
- When the defendant took the bicycle or vessel, they intended to temporarily deprive the owner of possession or ownership
- The defendant moved the bicycle or vessel for a distance that made it unlikely the owner could recover it
This offense is considered a form of theft. However, it differs from the more serious crime of grand theft because the intention is to only temporarily—rather than permanently—deprive the owner of their property. For example, “borrowing” a bicycle without permission in order to get to work, with the intention of returning it later.
A person cannot be convicted of both unlawfully taking a bicycle or vessel and receiving stolen property where there is evidence of only one act or transaction. Similarly, a person cannot be convicted of both unlawfully taking a bicycle or vessel and theft of that item unless there is a substantial break between the theft and the use of the bicycle or vessel by the defendant.
Penalties
When the crime involves a bicycle, it is punishable by up to one year in county jail, a fine of up to $1,000, or both. If the crime involves a vessel, it can be charged as either a misdemeanor or felony:
- Misdemeanor: Up to one year in county jail, a fine of up to $1,000, or both
- Felony: 16 months, two years or three years in state prison
The court also has the discretion to order the defendant to pay restitution to the victim.
Legal Defenses
There are several legal defenses that a skilled California criminal defense attorney could use to contest a 499b charge, including:
- Lack of intent – If the defendant did not intend to temporarily deprive the owner of possession or ownership when taking the bicycle or vessel, they cannot be convicted under this statute.
- Belief of consent – The defendant may have made a reasonable mistake and believed they had consent to take the bicycle or vessel.
- False accusations – The alleged victim may have fabricated the story or misidentified the defendant.
- Entrapment – Law enforcement may have induced the defendant to commit a crime they otherwise would not have committed.
There are some other related theft offenses in California law, including:
- Petty Theft – Taking someone else’s property valued at $950 or less – California Penal Code 484 PC
- Grand Theft – Taking someone else’s property valued over $950 – California Penal Code 487 PC
- Grand Theft Auto – Taking someone’s vehicle without consent – California Penal Code 487(d)(1) PC
Hiring an Attorney
Being charged with unlawfully taking someone’s bicycle or vessel can have significant consequences. An experienced criminal defense lawyer can help build the strongest defense to contest the charges. This may involve negotiating with the prosecutor for a reduction or dismissal of charges. If necessary, they can defend you at trial against the allegations.