Penal Code · §30.04

Burglary of a Vehicle (BMV)

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

Class A misdemeanor Burglary of a Vehicle is a Class A misdemeanor. With prior convictions or rail-car burglary, it can be elevated.

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

Burglary of a Vehicle (BMV) — Class A misdemeanor 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.

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.

The base classification is Class A misdemeanor, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.

Key points

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

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 to
Prior §30.04 convictions	State jail felony
Rail-car burglary	State jail / 3rd degree

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Worked examples

Worked example 1

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

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?

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

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