Tampering With a Vehicle Identification Number (VIN)

Violation of Vehicle Code § 10802 VC

Is it illegal to alter a "VIN" identification number? (Vehicle Code 10802)

California enforces two laws that criminalize the intentional or knowing tampering with a vehicle identification number (VIN): Vehicle Code § 10750 VC and Vehicle Code § 10802 VC.

Here are five important facts to be aware of:

1. Violating 10750 VC involves intentionally altering or destroying a VIN in any manner and is classified as a misdemeanor offense.
2. The penalties for violating 10750 VC can include up to one year of imprisonment and/or a fine of $1,000.
3. 10802 VC pertains to VIN tampering with the intention to misrepresent the identity of the vehicle or its parts for the purpose of selling or transferring them.
4. Violating 10802 VC is considered a "wobbler" offense, which means it can be charged as either a misdemeanor or a felony. The potential jail time for a felony conviction ranges from 16 months to 3 years, and fines can reach up to $25,000.
5. 10802 VC is often charged in conjunction with 10801 VC, which deals with operating a "chop shop," and/or 10803 VC, which addresses the possession of multiple vehicles or parts with altered VINs.

Our legal team comprises former prosecutors and law enforcement officers who possess the knowledge and experience needed to defend clients against vehicle-related offenses and other crimes in California.

To provide a comprehensive understanding of VIN tampering laws, our “Tampering With a Vehicle Identification Number” charges dismissal-oriented attorneys in California address the following topics:

1. What constitutes a vehicle identification number (VIN)?
2. The intentional alteration of a VIN under Vehicle Code 10750.
3. Altering a VIN to misrepresent its identity under Vehicle Code 10802.
4. The distinction between Vehicle Codes 10750 and 10802.
5. The penalties for altering or destroying a VIN.
6. Possible defenses against VIN tampering charges.
7. Related offenses connected to tampering with a vehicle identification number.
   1. Vehicle Code 10801 VC – Operating a chop shop.
   2. Vehicle Code 10803 VC – Purchasing or possessing vehicles with tampered VINs.
   3. Vehicle Code 4463 VC – Committing vehicle registration fraud.

California has enacted two laws that criminalize the intentional or knowing alteration or destruction of a vehicle identification number (VIN).

1. What constitutes a vehicle identification number (VIN)?

A vehicle identification number (VIN) is a unique combination of numbers, letters, or marks used to identify a motor vehicle or motor vehicle part, as well as for vehicle registration purposes. Every motor vehicle possesses a distinct VIN, which can be found on:

• California DMV vehicle registration documents
• A metal plate typically affixed to the driver's side dashboard of the vehicle

Additionally, there are hidden copies of the VIN located in various places within the vehicle. Law enforcement utilizes these concealed VINs to identify a vehicle in cases where the visible VIN has been altered or removed. Concealed VIN locations may include the frame, engine, or body of the vehicle.

2. The intentional alteration of a VIN under Vehicle Code 10750

According to California Vehicle Code 10750 PC, it is a misdemeanor offense to intentionally deface, destroy, or alter a VIN, or to place or stamp a VIN or other identification number on a vehicle unless assigned by the California DMV.

3. Altering a VIN to misrepresent its identity under Vehicle Code 10802

California Vehicle Code 10802 VC criminalizes the knowing alteration, counterfeiting, defacement, destruction, disguise, falsification, forgery, obliteration, or removal of a VIN with the intent to misrepresent the identity of a motor vehicle or motor vehicle part, or to prevent its identification for the purpose of sale, transfer, import, or export. The completion of the sale, transfer, import, or export is not necessary for a violation of Vehicle Code 10802 VC. Merely changing the VIN for any of these purposes constitutes a violation.

4. The distinction between Vehicle Codes 10750 and 10802

Both Vehicle Code 10750 and 10802 apply when a VIN is altered or destroyed intentionally, excluding accidental circumstances. Section 10802 encompasses a broader range of prohibited actions compared to Section 10750. The main difference lies in the intent.

Vehicle Code 10802 necessitates evidence that the alteration of a VIN was carried out with the specific intent to misrepresent or conceal the vehicle or part's identity for the purpose of selling or transferring it unlawfully.

4.1. How 10802 VC applies to "chop shops"

Vehicle Code 10802 VC was enacted with "chop shops" in mind. These establishments often dismantle parts from stolen vehicles and assemble them into a new vehicle

5. Penalties for altering or destroying a VIN

California Vehicle Code 10750 VC can only be charged as a misdemeanor. It carries a penalty of:

up to one year in county jail, and/or

a fine of up to $1,000.12

California Vehicle Code 10802, on the other hand, is a “wobbler” offense. This means the prosecutor can charge it as either a felony or a misdemeanor. If charged as a misdemeanor, it can be punished by:

up to one year in county jail, and/or

a fine of up to $1,000.13

If charged as a felony, however, Vehicle Code 10802 carries a possible penalty of:

16 months, or two or three years in county jail, and/or

a fine of up to $25,000.14

5.1. Probation instead of incarceration

In cases for tampering with a vehicle identification number, the judge has the discretion under either code section to suspend your sentence and place you on:

Misdemeanor (“summary”) probation or, if applicable,

Formal (“felony”) probation.

If you are placed on probation, you may spend little or no time in jail. However, you will be under the supervision of the court for a number of years. During that time you will be subject to certain restrictions, which may include:

Community service or labor, such as Caltrans roadside work,

Not associating with gang members (if applicable),

Regular meetings with a probation officer (for felony probation), and

Not violating any other laws.

If you violate any conditions of your probation, the judge has the option to revoke your probation and send you to jail to serve your sentence.

6. Defenses to VIN tampering charges

There are numerous defenses to charges of tampering with a vehicle identification number, especially under Vehicle Code 10802. These are just a few:

You defaced the VIN accidentally. For example, Jane decides to replace her dashboard because it is cracked. Though she does not know how to remove it from the vehicle. She ends up smashing it with a hammer and accidentally damaging part of the VIN.15

You tried to hide the vehicle’s identity, but you did not change the VIN. For example, Kyle and Kim robbed a convenience store. Afterward, they swapped license plates with another vehicle. Even though they tried to hide the car’s identity (and are guilty of other crimes), they are not guilty of VIN tampering because they did nothing to change or hide the VIN.

Someone else previously altered the VIN. For example, Alex’s hobby is buying cheap cars to sell them. While he is working on a car, Alex notices that the VIN on the engine block does not match the VIN on the dashboard. Since the VIN was already changed when he got it, he is not guilty of VIN tampering.

You were not altering the VIN so that it could be sold. For example, Laura stole a car so she would not have to take the bus to work and changed the VIN to keep it from being discovered. She violated 10750 VC but not 10802 VC because her purpose was not to sell it.

The police only discovered the altered VIN as the result of an illegal search. When this happens, the criminal defense attorney can file a motion to suppress evidence under California Penal Code 1538.5 PC. If the court grants the motion, there may be insufficient evidence left to sustain the case.

7. Related offenses to tampering with a vehicle identification number

Related Offenses to Tampering with a Vehicle Identification Number

Tampering with a vehicle identification number is a serious offense, and there are other related offenses outlined in the California Vehicle Code. If you are accused of any of these crimes, it is important to seek legal representation. The Second Chances Law Group specializes in criminal defense and can provide guidance and assistance in navigating the legal process. Our experienced attorneys are dedicated to seeking the complete dismissal of criminal charges. Contact us today for a confidential consultation.

Vehicle Code 10801 VC – Operating a Chop Shop: California Vehicle Code 10801 VC makes it a crime to knowingly own or operate a "chop shop." A "chop shop" is any place where stolen motor vehicles or vehicle parts are altered, dismantled, or stored to hide their identity for the purpose of selling or disposing of them. This offense is considered a "wobbler" offense, which means it can be charged as either a misdemeanor or a felony. If charged as a misdemeanor, the penalties can include up to one year in county jail and/or a fine of up to $1,000. If charged as a felony, the penalties can include up to four years in county jail and/or a fine of up to $50,000.

Vehicle Code 10803 VC – Buying/Possessing Vehicles with Tampered VINs: California Vehicle Code 10803 VC makes it a crime to buy or possess vehicles or parts with tampered vehicle identification numbers (VINs) for the purpose of selling them. This offense is also a "wobbler" offense. If charged as a misdemeanor, the penalties can include up to one year in county jail and/or a fine of up to $1,000. If charged as a felony, the penalties can include up to 16 months, two, or three years in county jail and/or a fine of up to $30,000. If the vehicles or parts are purchased with tampered VINs, the penalties can be even more severe, with a potential sentence of two, four, or six years in county jail and/or a fine of up to $60,000.

Vehicle Code 4463 VC – Vehicle Registration Fraud: California Vehicle Code 4463 VC makes it a crime to alter, forge, counterfeit, or falsify certificates of ownership, vehicle license plates, vehicle license stickers, or California DMV registration cards with fraudulent intent. It is also a crime to possess or display blank, incomplete, canceled, suspended, revoked, altered, forged, counterfeit, or false registration cards or stickers. Additionally, attempting to pass off as genuine a registration card, license, or stickers that are known to be false, altered, forged, or counterfeited is prohibited. Violations of Vehicle Code 4463 VC can be charged as either a misdemeanor or a felony. If charged as a misdemeanor, the penalties can include up to one year in county jail and a fine of up to $1,000. If charged as a felony, the penalties can include up to 16 months, two, or three years in county jail and a fine of up to $10,000.

If you or someone you know has been accused of any of these offenses, it is crucial to have skilled legal representation. The Second Chances Law Group is here to help. Contact us today for a confidential consultation.