Auto Theft: Definition

Effective July 1, 2020, Nevada law, (NRS 205.228) defines Grand larceny of a motor vehicle; penalty, as

      1.  A person who intentionally steals, takes and carries away, drives away or otherwise removes a motor vehicle owned by another person commits grand larceny of a motor vehicle.

      2.  A person who commits grand larceny of a motor vehicle is guilty of:

      (a) For a first offense, a category C felony and shall be punished as provided in NRS 193.130.

      (b) For a second or subsequent offense within 5 years, a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and by a fine of not more than $5,000.

      3.  In addition to any other penalty, the court shall order the person who committed the grand larceny of the motor vehicle to pay restitution.

      (Added to NRS by 1997, 340; A 2011, 164; 2019, 4430, effective July 1, 2020)

 

Auto Theft: Punishment 

On or before June 30, 2020, the value of the vehicle stolen determined the severity of which the category the crime was considered. From July 1, 2020 moving forward, proximity of charges became the primary factor. While a 1st time offense is now considered category C felony, a 2nd charge or subsequent charges within 5 years of the original is now defined as a catagory B felony. While a conviction still carries a minimum 1 year jail sentence, it is now a maximum of 6 years as opposed to the previous 10 years, and is now a fine of no more than $5,000, compared to the previous fine of no more than $10,000.  Restoration to the victim remains consistant. 

Auto Theft: Act Requirement

Auto theft occurs when a vehicle has been removed by anyone other than the legal owner. Persuant to NRS 205.220, theft is considered Grand larceny when one intentionally steals “Personal goods or property, with a value of $1,200 or more, owned by another person.” The manor in which the vehicle is moved not a limiting factor. It can be driven away, towed, loaded on a tailor or by any other means.

Auto Theft: Intent Requirement 

Removing a vehicle that knowingly does not belong to you in this instance is considered intent.

More Questions About Auto Theft?  

If you find yourself up against an Auto Theft charge, you likely have questions. How is my case complicated if my 1st charge was before July 1st 2020? Can intent be proven? Don’t go at it alone. Let our experienced team help you minimize or avoid penalties. If you or someone you know is concerned about an auto theft charge, it’s critical to contact  John Routsis as early as possible to better understand the charges and the possible penalties that come with a conviction.