§708-836.5  Unauthorized entry into motor
vehicle in the first degree.  (1)  A person commits the offense of
unauthorized entry into motor vehicle in the first degree if the person
intentionally or knowingly enters or remains unlawfully in a motor vehicle,
without being invited, licensed, or otherwise authorized to enter or remain
within the vehicle, with the intent to commit a crime against a person or
against property rights.



(2)  Unauthorized entry into motor vehicle in
the first degree is a class C felony. [L 1996, c 87, §2; am L 2006, c 230, §40]



 



Cross References



 



  Interference with the operator of a public transit vehicle,
see §711-1112.



 



COMMENTARY ON §708-836.5



 



  Act 87, Session Laws 1996, added this section to the penal
code and made the offense of unauthorized entry into motor vehicle a class C
felony due to the increased number of car thefts in the State.  Senate Standing
Committee Report No. 2598.



  Act 230, Session Laws 2006, amended this section to create
the offense of unauthorized entry into motor vehicle in the first degree.



 



Case Notes



 



  Appellant asserted that appellant's conviction for
unauthorized entry into a motor vehicle was improper because applicable federal
statutes governed, thereby precluding this statute from being assimilated into
federal law; affirmed.  392 F.3d 1050.



  Specifying the particular crime intended to be committed is
not an essential element which must be alleged in order to charge the crime of
unauthorized entry into motor vehicle.  97 H. 492, 40 P.3d 894.



  For the purposes of this section, "entry" is
defined as the least intrusion into a motor vehicle with the whole physical
body, with any part of the body, or with any instrument appurtenant to the body
introduced for the purpose of committing a crime against a person or against
property rights.  100 H. 383, 60 P.3d 333.