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NY Penal Law § 165.09: Auto Stripping in the Third Degree

June 29, 2020 Federal Criminal Attorneys

In the criminal code term auto stripping describes vandalizing and stealing parts of a vehicle. Customarily, when a vehicle is stripped, the purpose of this is to remove its valuable parts (for which there is a lucrative market) and sell the parts for a profit.  You could get prosecuted for auto stripping in the third degree under New York Penal Law § 165.09 if you:

 

  1. Intentionally remove or damage any portion of another individual’s vehicle without that person’s permission, or
  2. Intentionally remove or damage any part of a vehicle that has been abandoned.

 

An Example

Andre spotted a car parked on a particular street that had a handsome set of expensive rims. Being well experienced in automobile theft, Andre quickly hot-wired the car and drove it to an out-of -the way spot. He then took off the car’s rims and tires. Andre could be prosecuted for auto stripping in the third degree in addition to other charges, since he took a car that belong to someone else and then removed parts without the permission of the car’s owner.

 

Offenses that are Related

Unauthorized use of a vehicle in the third degree: New York Penal Law § 165.05

Criminal possession of stolen property in the fifth degree: New York Penal Law § 165.40

Grand larceny in the fourth degree: New York Penal Law § 155.30

 

Possible Defenses

In order to get convicted of auto stripping in the third degree, the prosecutor needs to demonstrate that you did not have anyone’s permission to remove or deface any portion of the vehicle question. If you can demonstrate that you did indeed have the permission of the owner, then you may have a valid defense against an auto stripping charge.

 

The Sentence

Due to the fact that auto stripping is categorised a Class A misdemeanor, if you are convicted,  you could be sent to county jail for up to one year.  On top of that, you may also be ordered to pay a fine tot he court and monetary restitution to the vehicle’s owner. It is also a possibility for the judge to sentence you to a probation term of 3 years.

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