VC 23103 Explained: California Reckless Driving Law

California Vehicle Code section 23103 defines reckless driving: driving a vehicle on a highway, or in an offstreet parking facility, in willful or wanton disregard for the safety of persons or property. Vehicle Code 40000.15 makes it a misdemeanor, but sections 23104(b) and 23105 allow a sentence under Penal Code 1170(h), which makes a felony sentence possible under Penal Code 17, in some cases where someone other than the driver is injured.

This page covers what section 23103 says as published on the California Legislature's official site, what the prosecution has to prove under the state's jury instruction, the penalties the section sets, and the related sections that raise the penalty when someone is hurt. It covers California state law only.

Information last verified against primary sources on October 20, 2026. This article has not yet been reviewed by a licensed lawyer.

What VC 23103 says

Section 23103 sits in Article 1, "Driving Offenses," of Chapter 12, "Public Offenses," in Division 11 of the Vehicle Code, "Rules of the Road." It has three subdivisions.

23103(a): on a highway

"A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving."

23103(b): in an offstreet parking facility

"A person who drives a vehicle in an offstreet parking facility, as defined in subdivision (c) of Section 12500, in willful or wanton disregard for the safety of persons or property is guilty of reckless driving."

Subdivision (b) extends the same rule from highways to parking facilities. The jury instruction describes an off-street parking facility as one "open for use by the public for parking vehicles," including one open to retail customers where no fee is charged.

23103(c): the punishment

Subdivision (c) sets the penalty, covered in the penalties section below.

The leginfo history note reads: "Amended by Stats. 2010, Ch. 685, Sec. 2. (AB 2479) Effective January 1, 2011." Section 40008, which the subdivision (c) penalty refers to, was added by the same chapter (Stats. 2010, Ch. 685, Sec. 3). The text quoted here is the version published on the Legislature's site as of October 20, 2026.

What the prosecution has to prove

California's official jury instruction for this offense is CALCRIM No. 2200, "Reckless Driving (Veh. Code, § 23103(a) & (b))," published by the Judicial Council of California (2026 edition). It tells the jury the prosecution must prove that:

1. The defendant drove a vehicle on a highway or in an off-street parking facility; and
2. The defendant intentionally drove with wanton disregard for the safety of persons or property.

The instruction defines the central term:

"A person acts with wanton disregard for safety when (1) he or she is aware that his or her actions present a substantial and unjustifiable risk of harm, and (2) he or she intentionally ignores that risk. The person does not, however, have to intend to cause damage."

It also includes optional language on speed, given when it fits the case:

"If you conclude that the defendant drove faster than the legal speed limit, that fact by itself does not establish that the defendant drove with wanton disregard for safety. You may consider the defendant's speed, along with all the surrounding circumstances, in deciding whether the defendant drove with wanton disregard for safety."

The bench notes say the court must define "highway" and "vehicle," giving the instruction's bracketed definitions unless another instruction has already given them. Those definitions describe a "highway" as "any area publicly maintained and open to the public for purposes of vehicular travel," including a street, and a "vehicle" as a device by which people or things may be moved on a road or highway, not including a device moved only by human power or used only on stationary rails or tracks.

When the prosecution alleges that the reckless driving caused one of the injuries listed in section 23105(b), the bench notes direct the court to give CALCRIM No. 3223, "Reckless Driving With Specified Injury," in addition to CALCRIM No. 2200. Its text is not quoted on this page.

Penalties under VC 23103

Vehicle Code section 40000.15 provides that a violation of the sections it lists "shall constitute a misdemeanor, and not an infraction," and the list includes "Sections 23103 and 23104, relating to reckless driving."

Section 23103(c) sets the basic punishment:

"Except as otherwise provided in Section 40008, persons convicted of the offense of reckless driving shall be punished by imprisonment in a county jail for not less than five days nor more than 90 days or by a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in Section 23104 or 23105."

So the court may impose jail, a fine, or both. These are the ranges the section states.

When someone is injured: sections 23104 and 23105

Section 23104(a) applies "whenever reckless driving of a vehicle proximately causes bodily injury to a person other than the driver." The punishment is county jail "for not less than 30 days nor more than six months or by a fine of not less than two hundred twenty dollars ($220) nor more than one thousand dollars ($1,000), or by both."

Section 23104(b) applies to reckless driving that proximately causes great bodily injury, as defined in Penal Code section 12022.7, to someone other than the driver, when the driver was previously convicted of a violation of section 23103, 23104, 23105, 23109, 23109.1, 23152, or 23153. It adds "imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code" to the same jail and fine options.

Section 23105(a) applies to reckless driving in violation of section 23103 that proximately causes one of these injuries to someone other than the driver, as listed in 23105(b):

• A loss of consciousness.
• A concussion.
• A bone fracture.
• A protracted loss or impairment of function of a bodily member or organ.
• A wound requiring extensive suturing.
• A serious disfigurement.
• Brain injury.
• Paralysis.

The punishment is imprisonment under Penal Code section 1170(h), or county jail for 30 days to six months, or a fine of $220 to $1,000, or both that fine and imprisonment. Section 23105(c) states that it "does not preclude or prohibit prosecution under any other provision of law."

Neither 23104(b) nor 23105 states a term for a sentence under section 1170(h). Penal Code section 1170(h)(1) provides that where "the term is not specified in the underlying offense," the felony is punishable "by a term of imprisonment in a county jail for 16 months, or two or three years," except as provided in paragraph (3). Paragraph (3) sends an executed sentence to state prison when the defendant has a prior or current serious felony conviction (section 1192.7(c)) or violent felony conviction (section 667.5(c)), a prior out-of-state felony with all the elements of one of those, a sex offender registration requirement, or an enhancement under section 186.11.

Because these sections allow either a 1170(h) sentence or county jail and a fine, the injury cases can end up as felonies or misdemeanors. Penal Code section 17(b) lists the circumstances in which such an offense "is a misdemeanor for all purposes."

Reckless driving to capture images for a commercial purpose: section 40008

Section 23103(c) begins "Except as otherwise provided in Section 40008." Section 40008(a) applies to a person who violates section 21701, 21703, or 23103 "with the intent to capture any type of visual image, sound recording, or other physical impression of another person for a commercial purpose." That person is guilty of a misdemeanor punishable by county jail for not more than six months and a fine of not more than $2,500.

Under 40008(b), if the person also causes a minor child or children to be placed in a situation in which the child's person or health is endangered, the punishment is county jail for not more than one year and a fine of not more than $5,000.

Related sections

• Vehicle Code section 40000.15. Classifies reckless driving under sections 23103 and 23104 as a misdemeanor. Official text.
• Vehicle Code sections 23104 and 23105. Reckless driving that causes bodily injury or the specified injuries. Official text: 23104, 23105.
• Vehicle Code section 40008. Reckless driving with intent to capture images or recordings for a commercial purpose. Official text.
• Vehicle Code section 23103.5. Referenced by the DUI penalty sections when they count a prior reckless driving conviction. This page does not cover it. Official text.
• Vehicle Code section 23152 (DUI). Sections 23540, 23546, and 23550 count a separate violation of "Section 23103, as specified in Section 23103.5," that resulted in a conviction as a prior when setting repeat DUI penalties. See our VC 23152 explainer.
• Vehicle Code section 14601. Makes it unlawful to drive while the driving privilege is suspended or revoked for reckless driving in violation of section 23103, 23104, or 23105, among other listed reasons, if the driver knows of the suspension or revocation. Our VC 14601.1 explainer compares the suspended-license sections. Official text of 14601.
• Vehicle Code section 22350 (basic speed law). Unsafe speed is a separate infraction. See our Vehicle Code 22350 explainer.
• Penal Code sections 17 and 1170. The felony and misdemeanor rules quoted above. Official text: 17, 1170.

For how California sorts crimes into felonies, misdemeanors, and infractions generally, see California felony and misdemeanor classes. Other statute explainers are collected in our statutes library.

What happens after an arrest for VC 23103

A "23103" on a jail roster, booking sheet, or citation is the arresting or citing agency's charge. The prosecutor reviews the case and decides whether to file a reckless driving charge, a different charge, or nothing. The arraignment is the first court appearance, where the filed charges are read.

Our California charge code lookup translates other booking codes, and What Happens After You Get Arrested walks through the steps from booking to arraignment. Reckless driving is a separate offense from DUI; for California's DUI rules, see California DUI laws.

Disclaimer

This page explains what California Vehicle Code section 23103 and the related sections quoted here say, as published on official state sources and checked on October 20, 2026. It is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Whether driving was reckless depends on the specific facts, so anyone facing a 23103 charge should speak with a criminal defense lawyer licensed in California.

Last updated: October 20, 2026.

Frequently Asked Questions

Is reckless driving a misdemeanor in California?

Yes. Vehicle Code 40000.15 lists sections 23103 and 23104, relating to reckless driving, among the provisions whose violation is a misdemeanor and not an infraction. Reckless driving that causes one of the injuries listed in section 23105(b) to someone other than the driver, or that causes great bodily injury to someone other than the driver when the driver has a prior conviction listed in section 23104(b), can be punished under Penal Code 1170(h), which makes a felony sentence possible in those cases.

What is the penalty for VC 23103?

Section 23103(c) provides for county jail of not less than five days and not more than 90 days, or a fine of not less than $145 and not more than $1,000, or both. The subdivision makes exceptions for sections 40008, 23104, and 23105.

Is speeding alone reckless driving in California?

Not by itself under the jury instruction. CALCRIM No. 2200 includes optional language that driving faster than the legal speed limit does not by itself establish wanton disregard for safety, though the jury may consider speed along with all the surrounding circumstances.

Can reckless driving happen in a parking lot?

Section 23103(b) covers driving in an offstreet parking facility, as defined in Vehicle Code 12500, in willful or wanton disregard for safety. CALCRIM No. 2200 describes an off-street parking facility as one open for use by the public for parking vehicles, including one open to retail customers where no fee is charged.

What happens if reckless driving injures someone?

Section 23104(a) sets county jail of 30 days to six months, a fine of $220 to $1,000, or both, when reckless driving proximately causes bodily injury to someone other than the driver. Section 23105 covers specified injuries such as a concussion, a bone fracture, or paralysis, and allows punishment under Penal Code 1170(h).

Does a reckless driving conviction count as a prior for DUI purposes?

The repeat-offense DUI penalty sections, 23540, 23546, and 23550, count a separate violation of section 23103 as specified in section 23103.5 that resulted in a conviction. This page does not cover how section 23103.5 works.