Sasha is 18 years old and facing charges of joyriding. Two weeks ago, Sasha and his friends were sitting around playing video games. At some point, the group got hungry. Not finding anything to eat at home and with no one else around, they decided to take Sasha's mom’s car to the store down the street. Sasha reasoned that he had driven his mom’s car to this same store a few times before. They arrived at the store okay, but when backing out of the parking spot, they bumped another car. The owner of this other car was very upset when Sasha did not have a driver’s license. He then called the police. Sasha’s mom allowed the police to bring charges. She thought it would be good for Sasha to experience the criminal justice system and to learn a lesson.
Under California Vehicular Code sec. 10851 (Links to an external site.), for the crime of joyriding, the prosecution must show beyond a reasonable doubt that either
The defendant drove someone else’s vehicle without the owner’s consent; AND
When the defendant drove the vehicle, (he/she) intended to deprive the owner of possession or ownership of the vehicle for any period of time;
OR
The defendant took someone else’s vehicle without the owner’s consent;
When the defendant took the vehicle, (he/she) intended to permanently deprive the owner of possession or ownership of the vehicle; AND
The vehicle was worth more than $950.
For this crime, a taking requires that the vehicle be moved for any distance, no matter how small. Even if the owner had allowed the defendant or someone else to take or drive the vehicle before, the jury may not conclude that the owner consented to the driving or taking based on that previous consent alone.
Question
For the crime of joyriding, explain each of: actus reus, mens rea, and social harm; rely on the language from the California code, the prompt, and your own experiences. [1 paragraph]
Compare the mens rea between the first AND second elements of joyriding listed above. Compare the actus reus, too. [2 to 4 sentences]
You are the prosecutor, would you charge Sasha with a misdemeanor or felony. Show that you recognize the difference between the level of culpability between the two mens rea listed above. Address the rationale of punishment for an 18 year old with no prior convictions in the context of felony and misdemeanor. [1 paragraph]
