Burglary of a Vehicle (BMV)
Without owner's effective consent, breaks into or enters a vehicle (or any part of a vehicle) with intent to commit any felony or theft.
To prove this offense, the State must establish each of the following elements: Without owner's effective consent; Breaks into or enters a vehicle or any part of a vehicle; With intent to commit any felony or theft; Class A misdemeanor.
The base classification is Class A misdemeanor, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Elements you must prove
- Without owner's effective consent
- Breaks into or enters a vehicle or any part of a vehicle
- With intent to commit any felony or theft
- Class A misdemeanor
Without owner's effective consent, breaks into or enters a vehicle (or any part of a vehicle) with intent to commit any felony or theft.
| If this condition applies… | Charge escalates to | Statute |
|---|---|---|
| Prior §30.04 convictions | State jail felony | §30.04(d)(2) |
| Rail-car burglary | State jail / 3rd degree | §30.04(d)(3) |
Practice 2 questions on this topic
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Worked examples
Burglary of a Vehicle under §30.04 is generally what level of offense?
- Class C misdemeanor
- Class A misdemeanor Correct
- State jail felony
- 3rd degree felony
A defendant smashes a parked car's window and reaches in to take a backpack. He is interrupted before he can take anything. Charge?
- Theft — Class C misdemeanor
- Burglary of a Vehicle (BMV) — Class A misdemeanor Correct
- Criminal Mischief — Class C misdemeanor
- Burglary of a Building — state jail felony