Sale Or Receipt Of Stolen Vehicle 18 USC Section 2313

Buying or Selling a Stolen Car: What You Need to Know About 18 U.S.C. § 2313

So you’re thinking about buying or selling a used car. Not a bad idea in this economy! But before you start browsing Craigslist or haggling over price, it’s important to understand the legal risks—especially if the car turns out to be stolen.

There’s a federal law, 18 U.S.C. § 2313, that makes it a crime to sell, receive, conceal, store, barter, or dispose of a stolen vehicle or aircraft that has crossed state or international borders. This law was created to discourage auto theft and trafficking of stolen vehicles across state lines. Let’s break it down so you know what’s what.

What is a Stolen Vehicle Under 18 U.S.C. § 2313?

Pretty straightforward – a stolen vehicle is one that is taken unlawfully without the owner’s permission. So if someone takes a car without the owner’s consent, even if they intended to return it or thought they had a right to use it, it’s considered stolen under this law.

It doesn’t matter if the thief intended to keep it for good or just went joyriding. If the owner didn’t give them permission to take it, it’s hot!

What Does “Crossed State Lines” Mean?

Here’s the catch: for this federal law to apply, the stolen vehicle has to have been transported across state or national borders at some point after it was initially stolen.

So if someone swipes a car in Texas and it never leaves the state, 18 U.S.C. § 2313 doesn’t apply. But if that Texas car gets driven to Oklahoma or Mexico, boom – now it’s covered under this law.

The government has to prove that the car was stolen and then crossed state lines before you received or tried to sell it. If it went from Texas to Oklahoma and back, that’s enough – no need to prove it left the country. Just crossing from one state to another is sufficient.

What Are the Penalties If Convicted?

Now for the bad news: getting busted for buying or selling a stolen ride is no joyride. It’s a felony conviction with some pretty hefty maximum penalties:

• Up to 10 years in federal prison
• Fines up to $250,000 for individuals or $500,000 for organizations
• Probation up to 5 years
• Forfeiture of the vehicle

Not worth the risk just to save a few bucks on a sweet used sports car! And here’s something important: the government doesn’t have to prove you knew it was stolen to convict you!

What About Buying a Car You Think Might be Stolen?

This is where it gets tricky. Let’s say you find a smoking deal on a used car being sold by some random dude. If you suspect or “should have known” the car was stolen, you could still be convicted even if you were unsure.

Courts have ruled that “willful blindness” or deliberately ignoring red flags doesn’t let you off the hook. If a reasonable person would have realized it was likely stolen, you can’t play dumb.

So how can you avoid accidentally buying a stolen ride? Here are some tips:

• Ask for a valid title, registration, and the seller’s ID. Make sure they match the seller’s name.
• Run the VIN number to check for theft reports or title issues. Services like Carfax provide this.
• Inspect the car for signs of tampering like VIN plate screws that look altered.
• Be very suspicious of cars being sold substantially below market value by random sellers.
• If you suspect it may be stolen, just walk away no matter how good the deal.

What About Selling a Car You Don’t Know is Stolen?

Again, ignorance is no defense under 18 U.S.C. § 2313. If you sell a stolen vehicle, you could be convicted whether you knew it was stolen or not. Your best protection is being extremely careful about vetting cars before selling them.

Only sell vehicles you have a legitimate title for in your name. Be wary of “great deals” where someone asks you to sell a car on their behalf. Make buyers show ID and proof of funds – don’t just take cash from random people.

And know that if you sell a stolen car, the fact that you didn’t know probably won’t help you in court. You can’t just claim you were clueless if there were signs it was sketchy.

What Defenses Might Help Me if Charged?

If you do get charged, all hope isn’t lost. Here are some defenses that might get the charges dismissed or lead to an acquittal:

• You had no knowledge or reason to know the car was stolen. While tough to prove, it is a valid defense. Having documentation like a clean title in your name helps.
• The car never crossed state lines after being stolen. If it stayed in the same state, 18 U.S.C. § 2313 doesn’t apply.
• You weren’t the one who drove the car across state lines after it was stolen. Proving you received it but didn’t transport it helps.
• The car crossed state lines before it was stolen. This law only applies if the theft preceded the transportation across borders.
• You were entrapped by police into purchasing the vehicle. This is hard to prove but could invalidate the charges.

Bottom line: buying or selling stolen cars is risky business with serious penalties. Protect yourself by doing your homework on the vehicle’s history and the seller’s legitimacy. And if in doubt, just walk away – it ain’t worth a decade in prison!