Penal Code · §30.04

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
Texas Law — Charge Details
Class A Misdemeanor
Offense
Burglary of a Vehicle (BMV)
Statute
Tex. Penal Code §30.04
Classification
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.

Potential Penalty Enhancements
If this condition applies…Charge escalates toStatute
Prior §30.04 convictionsState jail felony§30.04(d)(2)
Rail-car burglaryState jail / 3rd degree§30.04(d)(3)

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Worked examples

Worked example 1

Burglary of a Vehicle under §30.04 is generally what level of offense?

  1. Class C misdemeanor
  2. Class A misdemeanor Correct
  3. State jail felony
  4. 3rd degree felony
Why: Burglary of a Vehicle is a Class A misdemeanor. With prior convictions or rail-car burglary, it can be elevated.
Statute: Tex. Penal Code §30.04(d)
Worked example 2

A defendant smashes a parked car's window and reaches in to take a backpack. He is interrupted before he can take anything. Charge?

  1. Theft — Class C misdemeanor
  2. Burglary of a Vehicle (BMV) — Class A misdemeanor Correct
  3. Criminal Mischief — Class C misdemeanor
  4. Burglary of a Building — state jail felony
Why: Burglary of a Vehicle is breaking into or entering a vehicle (or any part of it) without the owner's effective consent and with intent to commit any felony or theft. Completion is not required. Class A misdemeanor.
Statute: Tex. Penal Code §30.04