Throwing an object at a moving vehicle may seem like a harmless prank to some people, but under California law, it is a serious criminal offense that can endanger lives. A rock, bottle, egg, or even another substance thrown at a vehicle can distract a driver, cause property damage, or lead to a serious traffic collision. Because of these risks, California has enacted Vehicle Code § 23110, which prohibits throwing substances or dangerous objects at vehicles traveling on public highways.
Whether you have been accused of violating this law or simply want to understand how it works, it is important to know what conduct is prohibited, the potential penalties, and the legal defenses that may apply.
What Is California Vehicle Code § 23110?
California Vehicle Code § 23110 makes it illegal to throw objects or substances at vehicles traveling on a highway.
The statute contains two primary provisions:
- Vehicle Code § 23110(a): It is a misdemeanor to throw any substance at a vehicle or at an occupant of a vehicle while the vehicle is on a highway.
- Vehicle Code § 23110(b): It is a felony to maliciously and willfully throw or project a rock, brick, bottle, metal object, or another missile or substance capable of causing serious bodily harm at a vehicle or its occupants with the intent to cause great bodily injury.
The difference between these two provisions is significant. While simply throwing a substance at a vehicle is generally charged as a misdemeanor, intentionally throwing a dangerous object with the intent to seriously injure someone may result in felony charges.
Why Does California Have This Law?
Drivers depend on maintaining control of their vehicles at all times. Even a small object striking a windshield or entering a driver’s field of vision can cause panic, distraction, or loss of control.
For example, if someone throws a rock from the side of the road and it shatters a windshield, the driver may instinctively swerve into another lane or brake suddenly, creating a risk of a multi-vehicle collision.
California Vehicle Code § 23110 is designed to protect motorists, passengers, cyclists, and pedestrians by discouraging conduct that creates unnecessary dangers on public roads.
What Must the Prosecution Prove?
To secure a conviction under Vehicle Code § 23110(a), prosecutors generally must prove that:
- The defendant intentionally threw a substance.
- The substance was thrown at a vehicle or an occupant of a vehicle.
- The vehicle was traveling on a highway.
For felony charges under § 23110(b), prosecutors must also prove that the defendant acted maliciously and willfully and intended to cause great bodily injury by throwing a dangerous object or substance.
The prosecution has the burden of proving every required element beyond a reasonable doubt.
Examples of Conduct That May Violate VC § 23110
Understanding how the law applies in real life can make it easier to recognize prohibited conduct.
Throwing a Rock
A person standing near a highway throws a rock at a passing vehicle. The rock cracks the windshield but no one is injured.
Depending on the circumstances and the person’s intent, criminal charges may be filed under Vehicle Code § 23110.
Throwing an Egg
A group of teenagers throws eggs at passing cars as a prank on Halloween.
Although they intended it as a joke, intentionally throwing objects at moving vehicles may still violate California law.
Road Rage Incident
During a traffic dispute, one driver throws a glass bottle at another vehicle.
This conduct may lead to charges under Vehicle Code § 23110 as well as other criminal offenses depending on the facts.
Intent to Cause Serious Harm
Someone intentionally throws a brick from the roadside toward a moving vehicle hoping to seriously injure the driver.
Because the object is capable of causing severe injuries and there is intent to cause great bodily injury, prosecutors may pursue felony charges under Vehicle Code § 23110(b).
What Are the Penalties?
The penalties depend on the specific subsection involved and the circumstances of the offense.
Misdemeanor Violation
A violation of Vehicle Code § 23110(a) is generally prosecuted as a misdemeanor.
Possible consequences may include:
- Time in county jail
- Criminal fines
- Informal probation
- Community service
- A permanent criminal record unless eligible for later relief
Felony Violation
Vehicle Code § 23110(b) is a felony offense because it involves intentionally throwing dangerous objects with the intent to cause great bodily injury.
A felony conviction may result in:
- A state prison sentence
- Substantial fines
- Formal probation in some cases
- A felony criminal record
- Additional consequences affecting employment, professional licensing, and other opportunities
The exact penalties depend on the facts of the case and the defendant’s criminal history.
Common Legal Defenses
Every criminal case is unique, and several defenses may apply depending on the evidence.
Lack of Intent
Intent is often one of the most important issues.
If the object was accidentally dropped rather than intentionally thrown, prosecutors may not be able to prove the required mental state.
Mistaken Identity
These incidents often happen quickly, making eyewitness identification unreliable.
Security camera footage, dashcam recordings, or witness testimony may show that the accused person was not responsible.
Insufficient Evidence
The prosecution must prove guilt beyond a reasonable doubt.
If there is little physical evidence or conflicting witness statements, the defense may challenge whether the prosecution has met its burden.
False Accusations
Road rage incidents and neighborhood disputes sometimes lead to false accusations.
An experienced defense attorney can investigate the facts, review available evidence, and identify inconsistencies in the allegations.
Related Criminal Charges
Depending on the circumstances, prosecutors may also file additional criminal charges, including:
- Vandalism
- Assault with a deadly weapon
- Battery
- Reckless driving
- Criminal threats
- Hit-and-run offenses if a collision follows the incident
Each offense carries its own legal requirements and potential penalties.
Frequently Asked Questions
Is throwing an egg at a car illegal in California?
Yes. Even if the damage appears minor, intentionally throwing an egg or another substance at a moving vehicle may violate California Vehicle Code § 23110.
Does the object have to hit the vehicle?
Not necessarily. The specific facts of the incident matter, and prosecutors will evaluate the available evidence to determine whether criminal charges are appropriate.
What is considered “great bodily injury”?
Great bodily injury generally refers to significant or substantial physical injury rather than a minor or trivial injury. Whether an injury qualifies depends on the facts of each case.
Can juveniles be charged?
Yes. Juveniles who throw objects at vehicles may face proceedings in juvenile court, which focuses on rehabilitation but can still impose serious consequences.
Can a conviction affect my future?
Yes. A criminal conviction may affect employment opportunities, professional licenses, immigration matters, housing applications, and other aspects of your life.
Why You Should Take These Charges Seriously
Throwing objects at moving vehicles is more than a moment of poor judgment. A single act can place numerous people at risk and expose the accused to significant criminal penalties.
Even when no one is injured, prosecutors often pursue these cases because of the danger created by the conduct. If serious injuries occur or the evidence suggests an intent to cause great bodily injury, the consequences become even more severe.
If you are under investigation or have been arrested for violating California Vehicle Code § 23110, it is important to seek legal advice as early as possible. An experienced criminal defense attorney can evaluate the evidence, explain your rights, identify potential defenses, and work toward the best possible outcome.
Contact Southwest Legal
If you or a loved one has been charged with violating California Vehicle Code § 23110 or another California criminal offense, the experienced defense attorneys at Southwest Legal are ready to help. Every criminal case is unique, and obtaining legal guidance early in the process can make a significant difference in protecting your rights and your future.
Southwest Legal understands the complexities of California criminal law and is committed to providing personalized legal representation tailored to each client’s circumstances. Whether you are facing misdemeanor or felony charges, their team can explain your options, develop a strategic defense, and advocate for your interests every step of the way.
Contact us today to schedule a free consultation and learn how an experienced criminal defense attorney can help protect your future.
Disclaimer: This article is for general informational purposes only and is not legal advice. Laws may change over time, and every case involves unique facts. Anyone facing criminal allegations should consult a qualified California criminal defense attorney. Reading this article does not create an attorney-client relationship.