Transportation Of Stolen Vehicle 18 USC Section 2312

Transportation of Stolen Vehicles: What You Need to Know About 18 USC Section 2312

Transporting a stolen vehicle across state lines is a serious federal crime that can lead to stiff penalties under 18 USC Section 2312. This law, also known as the Dyer Act, makes it illegal to transport a stolen vehicle, airplane, motorcycle, or boat across state or national borders.

Let’s take a closer look at this law, what it covers, penalties, and possible defenses.

What the Law Says

The text of 18 USC Section 2312 states:

“Whoever transports in interstate or foreign commerce a motor vehicle, vessel, or aircraft, knowing the same to have been stolen, shall be fined under this title or imprisoned not more than 10 years, or both.”

In plain English, this law makes it a federal crime to drive a stolen car, truck, motorcycle, boat, airplane, or other vehicle across state or national borders if you know it’s stolen.

Crossing State Lines

The key factor is that the stolen vehicle has to cross state lines or a U.S. border. It doesn’t matter if the vehicle was stolen in the same state it ended up in – what matters is that it crossed state or international boundaries at some point after being stolen.

Prosecutors only need to prove the stolen vehicle was transported into another state or country. Driving a stolen car from Ohio to Indiana, or taking a stolen boat from Florida to the Bahamas, violates this law.

Knowledge Vehicle Was Stolen

Prosecutors have to prove the defendant knew the vehicle was stolen when transporting it across state or national borders. This means intentionally driving a vehicle known to be stolen across state lines.

It’s not enough to show the defendant should have known the vehicle was stolen. Prosecutors must establish actual knowledge it was stolen.

Intent to Deprive Owner

The defendant must have intended to deprive the owner of possession of the vehicle either permanently or temporarily. Basically, they meant to keep the owner from having the vehicle by transporting it across state lines.

Penalties

Transporting a stolen vehicle across state or national borders carries up to 10 years in federal prison, a fine, or both.

Fines can be up to $250,000 for individuals or $500,000 for organizations under federal sentencing guidelines.

In some cases, defendants may face harsher punishment:

• If the stolen vehicle contains firearms, the penalty can be up to 15 years in prison
• If the stolen vehicle contains drugs, the penalty can be up to 20 years
• If the vehicle is cargo from interstate shipment, the penalty can be up to 10 years per violation

Defenses

There are several legal defenses that may apply in stolen vehicle transportation cases:

• Lack of criminal intent – Argue you weren’t actually driving the stolen vehicle across state lines and didn’t intentionally transport it. Even if you knew about the crime, you can’t be convicted if you weren’t operating the vehicle.
• Duress – Argue you were forced against your will to drive the stolen vehicle across state lines under threat of harm. This can negate criminal intent.
• Intoxication – Argue you were intoxicated on alcohol or drugs and unable to form criminal intent to transport the stolen vehicle.
• Necessity – Argue transporting the stolen vehicle was necessary to prevent a greater harm from occurring.
• Mistake of fact – Argue you had a reasonable but mistaken belief the vehicle wasn’t actually stolen, negating criminal intent.
• Entrapment – Argue law enforcement induced you to commit the crime when you otherwise wouldn’t have.

Related Laws

There are other related federal laws regarding stolen vehicles:

• 18 U.S.C. § 2313 – Sale or receipt of stolen vehicles. Makes it illegal to sell, barter, receive, conceal, or store a stolen vehicle moving in interstate commerce.
• 18 U.S.C. § 2315 – Sale or receipt of stolen goods. Covers any type of stolen property transported across state lines.

These laws have similar prohibitions and penalties to 18 USC Section 2312. The main difference is Section 2312 deals specifically with transporting stolen vehicles across state lines.

Famous Cases

There have been many notable cases involving 18 USC 2312 charges over the years. For example:

• United States v. Payne – The defendant stole a car in Delaware and drove it to New Jersey. He appealed his conviction arguing lack of intent but the 3rd Circuit affirmed.
• United States v. Baker – The defendants stole a tractor-trailer in Texas and drove it to Tennessee where they were caught. The court upheld their convictions.
• United States v. Meek – The defendants transported stolen construction equipment from Missouri to Illinois. They challenged federal jurisdiction but the 8th Circuit affirmed the convictions.

Purpose of the Law

The main purpose of 18 USC Section 2312 is to deter auto theft and trafficking of stolen vehicles across state lines. Auto theft costs billions annually, so this law aims to curb that activity.

It also targets large auto theft rings operating across multiple states. Making interstate transportation a federal crime allows the FBI to get involved in investigating and prosecuting these crimes.

State and local law enforcement often lacks resources to pursue criminals transporting stolen cars across borders. So the federal law provides an important tool for cracking down on interstate stolen car trafficking.

Controversies

There is some controversy around 18 USC Section 2312 and similar federal auto theft laws. Critics argue these crimes can be adequately prosecuted under state laws.

They say laws like Section 2312 are examples of over-criminalization and over-federalization. Others counter that federal laws are necessary to stop trafficking of stolen vehicles across jurisdictions where local prosecutors lack resources for extradition.

Conclusion

Transporting stolen vehicles across state or international borders is a serious federal crime under 18 USC 2312. This law makes it illegal to knowingly drive a stolen car, motorcycle, boat, airplane or other vehicle across state lines or U.S. borders.

Violations are punishable by up to 10 years in federal prison. Prosecutors must prove the vehicle crossed state lines and the defendant knew it was stolen. But various legal defenses may apply.

Anyone facing federal charges should consult with an experienced criminal defense attorney to understand their rights, defense options, and how to get the best possible outcome in their case. Handling these complex cases requires skilled legal counsel familiar with transportation of stolen vehicle laws.