A person commits the offense of burglary of a motor vehicle when he or she breaks or enters into a motor vehicle, or any part thereof, without the consent of the owner and with the intent to commit a felony or a theft.


A "vehicle" for purposes of the offense of burglary of a motor vehicle is any device by which a person may be propelled or moved in the course of commerce or transportation. A motor home or a trailer is not a vehicle for purposes of the offense of burglary of a motor vehicle. A burglary of a motor home or a trailer constitutes the offense of burglary of a habitation.


It is the design and construction of a vehicle that determines whether it is a "vehicle" for purposes of the offense of burglary of a motor vehicle. A vehicle that is inoperable or that does not have a motor may be a vehicle for purposes of the offense. A railroad car may be a vehicle for purposes of the offense.


An indictment for the offense of burglary of a motor vehicle must specifically describe the vehicle. If the indictment does not specifically describe the vehicle, the indictment is defective.


In order to convict a defendant of burglary of a motor vehicle, the prosecution does not need to prove that the defendant completed a felony or a theft. The breaking and entering of the vehicle may be inferred from the defendant's possession of the vehicle. Also, an intrusion of any part of the defendant's body into the vehicle constitutes the offense of burglary of a motor vehicle.


Breaking and entering are not two separate elements of the offense of burglary of a motor vehicle. The prosecution may show that a defendant either broke into the vehicle or that the defendant entered the vehicle. The entry of a vehicle includes the breaking of the vehicle. Although the prosecution does not need to show how the defendant entered the vehicle, the prosecution must show that the defendant penetrated into the interior of the vehicle, such as the trunk, the hood, or the passenger compartment. The theft of objects that are attached to the vehicle, such as tires, hubcaps, or hood ornaments, does not constitute the offense of burglary of a motor vehicle. However, the taking of objects that are located in the bed of a pick-up truck constitutes breaking and entering of the vehicle, even if the bed is not enclosed. The defendant's entry into the vehicle is the essential element of the offense.


The offense of burglary of a motor vehicle is normally punished as a misdemeanor. If the vehicle is a railroad car, the offense may be punished as a felony.



Copyright 2006 LexisNexis, a division of Reed Elsevier Inc.