Penal Code · §30.04
Burglary of a Vehicle
Elements
- Without the effective consent of the owner
- A person breaks into or enters a vehicle or any part of a vehicle
- With intent to commit any felony or theft
- ("Enter" means to intrude any part of the body, or any physical object connected with the body)
Penalty
Class A misdemeanor — up to 1 year county jail + up to $4,000 fine (§12.21). Mandatory minimum confinement of 6 months on a second or subsequent conviction.
Enhancements
State jail felony if defendant has been previously convicted two or more times of burglary of a vehicle — 180 days to 2 years state jail + up to $10,000 fine (§12.35). State jail felony if the vehicle is a rail car. Second-degree felony if committed against a vehicle with controlled substances under specified circumstances.