18 U.S.C. § 2312 – Interstate transportation of stolen vehicles
Contents
18 U.S.C. § 2312 – Interstate Transportation of Stolen Vehicles
18 U.S.C. § 2312 is a federal law that makes it a crime to transport a stolen vehicle across state or national borders. This law is aimed at deterring auto theft by making it a federal offense to take a stolen car, truck, motorcycle, boat, airplane, or other vehicle across state lines or out of the country. Let’s take a closer look at this law, what it covers, penalties, and defenses.
What the Law Says
The text of 18 U.S.C. § 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.
So in plain English, this law makes it a federal crime to take a vehicle across state or national borders when you know it’s stolen. The penalty is up to 10 years in prison, a fine, or both.
Key Elements of the Crime
For someone to be convicted under this law, prosecutors must prove these key elements:
- The defendant transported a stolen vehicle across state or national borders
- The defendant knew the vehicle was stolen
- The defendant intended to deprive the owner of the vehicle either permanently or temporarily
Let’s break these down in more detail:
Transportation of a Stolen Vehicle
The vehicle has to cross state lines or a U.S. border to trigger federal jurisdiction. 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 national boundaries at some point after being stolen. The government only needs to prove that a stolen vehicle was driven into another state or country.
Knowledge Vehicle Was Stolen
The government has to prove the defendant knew the vehicle was stolen. This means they intentionally transported a vehicle they knew was stolen. It’s not enough to show they should have known it was stolen. The prosecution has to establish actual knowledge.
Intent to Deprive Owner of Vehicle
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 taking 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. The fine can be up to $250,000 for individuals or $500,000 for organizations under federal sentencing guidelines.
In some cases, receiving 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 can be raised if you’ve been charged under this law:
Lack of Criminal Intent
If you can show you didn’t know the vehicle was stolen when you transported it across state lines, this negates the criminal intent required. For example, maybe you borrowed a vehicle from a friend not realizing it was stolen. Lack of knowledge or mistake of fact could be a defense.
You Were Not the Driver
If you weren’t actually driving the stolen vehicle across state lines, you may be able to avoid conviction. Even if you knew about the crime, you can’t be convicted of transporting the vehicle if you weren’t actually operating it.
Duress
If you can show you were forced against your will to drive a stolen vehicle across state lines, this may provide a defense. Duress means you acted under immediate threat if you didn’t comply. This could apply if someone held a gun to your head and made you drive the car.
Consent
If the owner of the vehicle gave you permission to drive the vehicle across state lines, this could provide a defense. Consent from the owner negates the “lack of consent” required to show the vehicle was stolen.
Statute of Limitations
For federal crimes, prosecutors have 5 years from the date of the offense to file charges. If 5 years passed since you allegedly transported the stolen vehicle, you may be able to seek dismissal based on the expired statute of limitations.
Transporting stolen vehicles across state lines is also prohibited under other federal laws, such as:
- 18 U.S.C. § 2313 – Sale or receipt of stolen vehicles
- 18 U.S.C. § 2315 – Sale or receipt of stolen goods, securities, etc.
These laws have similar prohibitions and penalties as § 2312. The main difference is § 2312 deals specifically with transporting stolen vehicles.
Famous Cases
Here are some notable cases involving charges under 18 U.S.C. § 2312:
- United States v. Meek – Defendants transported stolen construction equipment from Missouri to Illinois. They challenged the federal jurisdiction but the 8th Circuit affirmed their convictions.
- United States v. Baker – Defendants stole a tractor-trailer in Texas and drove it to Tennessee where they were caught. The court upheld their § 2312 convictions.
- United States v. Payne – Defendant stole a car in Delaware and drove it to New Jersey. He appealed arguing lack of intent but the 3rd Circuit affirmed his conviction.
Purpose of the Law
The main purpose of 18 U.S.C. § 2312 is to deter auto theft and trafficking of stolen vehicles by making it a federal crime to transport them across state lines. Auto theft costs billions annually so this law aims to curb that activity. It also targets large auto theft rings that operate across multiple states.
By making interstate transportation of stolen vehicles a federal crime, the FBI can get involved in investigating and prosecuting these crimes. State and local law enforcement often lack resources to go after criminals transporting stolen cars across borders.
Controversies
There is some controversy around 18 U.S.C. § 2312 and similar federal laws on auto theft. Critics argue these crimes can be adequately prosecuted under state laws. They say federal auto theft laws are examples of overcriminalization and overfederalization.
Others counter that federal laws are necessary to stop trafficking of stolen vehicles, especially where they cross multiple jurisdictions. They argue local prosecutors often don’t have resources to extradite suspects from other states.
Conclusion
Transporting stolen vehicles across state or national borders is a serious crime that allows federal prosecution under 18 U.S.C. § 2312. This law makes it illegal to knowingly drive a stolen car, truck, motorcycle, or other vehicle across state lines or U.S. borders. Defendants face up to 10 years in prison if convicted under this federal auto theft statute.