(a) A person commits the crime of unauthorized use of a vehicle if:
(1) Knowing that he does not have the consent of the owner, he takes, operates, exercises control over or otherwise uses a propelled vehicle; or
(2) Having custody of propelled vehicle pursuant to an agreement between himself or another and the owner thereof whereby the actor or another is to perform for compensation a specific service for the owner involving the maintenance, repair or use of the vehicle, he intentionally uses or operates it, without the consent of the owner, for his own purpose in a manner constituting a gross deviation from the agreed purpose; or
(3) Having custody of a propelled vehicle pursuant to an agreement with the owner thereof whereby it is to be returned to the owner at a specified time, he knowingly retains or withholds possession thereof, without the consent of the owner, for so lengthy a period beyond the specified time as to render the retention or possession a gross deviation from the agreement.
(4) Unauthorized use of a vehicle is a Class A misdemeanor, except that if a person by force or threat of force takes, operates, usurps or exercises control over a propelled vehicle with an operator or one or more passengers aboard he is guilty of a Class B felony.
(b) A person commits the crime of unlawful breaking and entering a vehicle if, without the consent of the owner, he breaks into and enters a vehicle or any part of a vehicle with the intent to commit any felony or theft. For the purposes of this section, “enters” means to intrude:
(1) Any part of the body; or
(2) Any physical object connected with the body.
(3) Unlawful breaking and entering a vehicle is a Class C felony.
(Acts 1977, No. 607, p. 812, §3225; Acts 1979, No. 79-664, p. 1163, §1.)
Notes of Decisions
Cited in
31
cases (
2 in the last 5 years), 1983–2026 · leading case:
Pack v. State.
Pack v. State (Ala. Crim. App. 1984).
· cites it 13× “Although the comments do not direct us to support for § 13A-8-11(b), Texas has adopted a burglary of vehicles statute, Tex.”
Ex Parte Allen (Ala. 2002).
· cites it 2× “Bobby Joe Allen pleaded guilty to the unlawful breaking and entering of a vehicle in violation of Ala.Code 1975, § 13A-8-11(b). He was sentenced under the Habitual Felony Offender Act to 15 years' imprisonment.”
Long v. Slaton (11th Cir. 2007).
“[9] Deputy Slaton had probable cause to believe that Long had committed at least two crimes under Alabama law, including at least one felony, by taking control of and attempting to flee in a stolen sheriff's cruiser: (1) unauthorized use of a vehicle, see Ala.Code §…”
Best v. State (Ala. Crim. App. 2004).
· cites it 2× “Terry Darray Best was indicted for two counts of unlawfully breaking and entering a vehicle, violations of § 13A-8-11(b), Ala.Code 1975; [1] one count of burglary in the third degree, a violation of § 13A-7-7, Ala.”
Gholston v. State (Ala. Crim. App. 2010).
“Code 1975; and unauthorized use of a vehicle, a violation of § 13A-8-11, Ala.Code 1975. The circuit court sentenced Gholston to three life sentences *180 for the rape, kidnapping, and robbery convictions and to 2 terms of 20 years in prison for the theft of property and…”
State v. Jude (Ala. Crim. App. 1996).
“Marvin Ray Jude was indicted in Madison County on September 1, 1995, for the unlawful breaking and entering of a vehicle in violation of § 13A-8-11 of the Code of Alabama 1975. On November 13, 1995, the circuit court granted Jude's motion to suppress a statement obtained from…”
Levert v. State (Ala. Crim. App. 1987).
“Tolbert Levert was charged in two separate indictments with the unlawful breaking and entering of a motor vehicle, to-wit, a 1976 BMW automobile, with intent to commit a felony therein, to-wit, theft of property contrary to § 13A-8-11 (b) Code of Alabama 1975 as amended and, in…”
Jones v. State (Ala. Crim. App. 1991).
“Knowing that he does not have the consent of the owner, he takes, operates, exercises control over or otherwise uses a propelled vehicle.”
New v. State (Ala. Crim. App. 1995).
“The appellant, Benjamin Robert New, was convicted of unlawfully breaking and entering a vehicle, a violation of § 13A-8-11(b), Code of Alabama 1975. He was sentenced to 18 months in the penitentiary.”
City of Montgomery v. Zgouvas (Ala. Crim. App. 2006).
· cites it 2× “The majority reverses the trial court's order dismissing § 13A-8-11(b)(1), Ala. Code 1975, as unconstitutionally vague and overbroad on the ground that the appellee does not have standing to challenge the statute on vagueness grounds and on the ground that the statute is not…”
R.L.A.C. v. State (Ala. Crim. App. 2001).
· cites it 2× “, appeals from the juvenile court’s order adjudicating him delinquent on four separate petitions charging him with the unauthorized use of a vehicle, a violation of § 13A-8-11, Ala. Code 1975; of being a child in need of supervision (CHINS), classifying the appellant as a…”
Brown v. Carter (INMATE 3) (M.D. Ala. 2019).
· cites it 4× “8 Section 13A-8-11, Ala. Code 1975, provides: 16 receiving stolen property, stating that the only evidence on the issue tended to show that Brown obtained the DVD player by breaking into the vehicle, and there was no evidence presented tending to show that Brown merely received…”
— Ala. Code § 13A-8-11(a)(1) — 2 cases
Long v. Slaton (11th Cir. 2007).
“[9] Deputy Slaton had probable cause to believe that Long had committed at least two crimes under Alabama law, including at least one felony, by taking control of and attempting to flee in a stolen sheriff's cruiser: (1) unauthorized use of a vehicle, see Ala.Code §…”
Jones v. State (Ala. Crim. App. 1991).
“Knowing that he does not have the consent of the owner, he takes, operates, exercises control over or otherwise uses a propelled vehicle.”
— Ala. Code § 13A-8-11(b) — 9 cases
Pack v. State (Ala. Crim. App. 1984).
“Although the comments do not direct us to support for § 13A-8-11(b), Texas has adopted a burglary of vehicles statute, Tex.”
Ex Parte Allen (Ala. 2002).
“Bobby Joe Allen pleaded guilty to the unlawful breaking and entering of a vehicle in violation of Ala.Code 1975, § 13A-8-11(b). He was sentenced under the Habitual Felony Offender Act to 15 years' imprisonment.”
Best v. State (Ala. Crim. App. 2004).
“Terry Darray Best was indicted for two counts of unlawfully breaking and entering a vehicle, violations of § 13A-8-11(b), Ala.Code 1975; [1] one count of burglary in the third degree, a violation of § 13A-7-7, Ala.”
New v. State (Ala. Crim. App. 1995).
“The appellant, Benjamin Robert New, was convicted of unlawfully breaking and entering a vehicle, a violation of § 13A-8-11(b), Code of Alabama 1975. He was sentenced to 18 months in the penitentiary.”
Brown v. Carter (INMATE 3) (M.D. Ala. 2019).
“8 Section 13A-8-11, Ala. Code 1975, provides: 16 receiving stolen property, stating that the only evidence on the issue tended to show that Brown obtained the DVD player by breaking into the vehicle, and there was no evidence presented tending to show that Brown merely received…”
— Ala. Code § 13A-8-11(b)(1) — 2 cases
City of Montgomery v. Zgouvas (Ala. Crim. App. 2006).
“The majority reverses the trial court's order dismissing § 13A-8-11(b)(1), Ala. Code 1975, as unconstitutionally vague and overbroad on the ground that the appellee does not have standing to challenge the statute on vagueness grounds and on the ground that the statute is not…”
— Ala. Code § 13A-8-11(b)(3) — 1 case
Best v. State (Ala. Crim. App. 2004).
“Terry Darray Best was indicted for two counts of unlawfully breaking and entering a vehicle, violations of § 13A-8-11(b), Ala.Code 1975; [1] one count of burglary in the third degree, a violation of § 13A-7-7, Ala.”
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