Auto-related thefts in California are on the rise. In fact, the Los Angeles Times recently reported that auto thefts in California roe by 1.9% in 2022 to a total of 198,538. The increase in auto thefts have not only caught the public’s attention but have led to an increased focus by law enforcement and other agencies to enforce the various laws aimed at protecting the public’s financial interests, such as California Penal Code section 466.65, which makes it a misdemeanor to possess, give, or lend a device used to facilitate the unlawful taking of a motorcycle.
Elements for Possessing, Giving, or Lending of Device to Facilitate the Unlawful Taking of a Motorcycle, California Penal Code Section 466.65California Penal Code section 466.65, possessing, giving, or lending of a device to facilitate the unlawful taking of a motorcycle, states that “(a) Every person who possesses, gives, or lends any device designed to bypass the factory-installed ignition of a motorcycle in order to start the engine of a motorcycle without a manufacturer’s key, or who possesses, gives, or lends any motorcycle ignition, or part thereof, with the intent to unlawfully take or drive, or to facilitate the unlawful taking or driving of, a motorcycle without the consent of the owner, is guilty of a misdemeanor.”
Subsection (b) of California Penal Code section 466.65 states that “Every person who possesses, gives, or lends any item of hardware, including, but not limited to, boltcutters, electrical tape, wirecutters, wire strippers, or allen wrenches, with the intent to unlawfully take or drive, or to facilitate the unlawful taking or driving of, a motorcycle without the consent of the owner, is guilty of a misdemeanor.”
Potential Consequences for Possessing, Giving, or Lending of Device to Facilitate the Unlawful Taking of a Motorcycle, California Penal Code Section 466.65Upon conviction for California Penal Code sections 466.65(a) or (b), a defendant faces the prospect of a fine or imprisonment for not more than 180 days or both.
Potential Defenses for Possessing, Giving, or Lending of Device to Facilitate the Unlawful Taking of a Motorcycle, California Penal Code Section 466.65One possible defense to being accused of possessing, giving, or lending of a device to facilitate the unlawful taking of a motorcycle, subsections (a) and (b) of California Pena Code section 466.65, is a lack of intent to take or drive, or to facilitate the taking or driving of a motorcycle. To put it another way, there may very well be a legitimate purpose for why someone may be carrying a boltcutter, electrical tape, wirecutters, wires strippers, or allen wrenches. Certainly, the circumstances in which the person, and these items, were found, could provide important context in determining whether in fact there was a specific intent to carrying these items.
An allegation California Penal Code section 466.65, possessing, giving, or lending of a device to facilitate the unlawful taking of a motorcycle, or any other type of theft crime is serious and could result in serious penalties and other consequences. If you or a family member has been charged with or is being investigated for possessing, giving, or lending of a device to facilitate the unlawful taking of a motorcycle, or any other type of theft crime in Los Angeles, Orange County, Riverside County, San Bernardino County, or Ventura County, it is imperative that you hire the best attorney that you can. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Los Angeles Criminal Defense Attorney Michael Kraut knows how to effectively defend clients who have been accused of any type of felony and misdemeanor theft offense or any other offense.
For more information about the misdemeanor crime of sexual contact with an animal, or all types of misdemeanor and felony theft crimes or any other type of misdemeanor or felony crime, and to schedule your free consultation, contact attorney Michael Kraut at the Kraut Law Group located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at (323) 464-6453.