18 U.S.C. § 2313 – Sale/receipt of stolen vehicles
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18 U.S.C. § 2313 – Sale/Receipt of Stolen Vehicles
18 U.S.C. § 2313 is a federal law that makes it illegal to sell, receive, possess, conceal, store, barter, or dispose of a stolen vehicle that has crossed state lines or United States borders. This law applies to motor vehicles, vessels, and aircraft. Let’s break down what this law covers and what the penalties are.
What Does 18 U.S.C. § 2313 Prohibit?
There are a few key elements to this law:
- It applies to motor vehicles, vessels, and aircraft
- The vehicle must be stolen
- The stolen vehicle must have crossed state lines or U.S. borders after being stolen
- The defendant must “receive, possess, conceal, store, barter, sell, or dispose of” the stolen vehicle
- The defendant must know the vehicle was stolen
So in plain English, you can’t knowingly buy, sell, hide, get rid of, or do anything else with a stolen car, boat, or plane that’s been brought across state or country borders. It doesn’t matter if you stole it yourself or are just dealing with the stolen vehicle after the fact.
What Are the Penalties?
If convicted under 18 U.S.C. § 2313, penalties can include:
- Up to 10 years in federal prison
- Fines up to $250,000 for individuals or $500,000 for organizations
- Probation
- Forfeiture of vehicles and property involved
That’s some pretty serious prison time and fines for dealing with stolen vehicles. The potential penalties increase if there are aggravating factors like the stolen vehicle was used to commit another crime or the defendant has prior convictions.
What Are Some Defenses?
Those accused under this law do have some potential defenses. Here are a few common ones:
- Lack of knowledge – The prosecution must prove you knew the vehicle was stolen. If you can show you reasonably believed the vehicle was not stolen when you received or sold it, that could defeat the charges.
- Entrapment – If law enforcement pressured you into committing a crime you otherwise wouldn’t have, that may be entrapment.
- Duress – If you can show you were under threat or coercion when you obtained or disposed of the vehicle, that could potentially provide a defense.
An experienced criminal defense lawyer may look at other defenses like challenging improper police conduct, excluded evidence, or problems with the chain of custody as well.
What Are Some Examples?
To understand this law better, let’s look at some examples of when it could apply:
- Daniel knowingly buys a stolen convertible from his friend Chris. Chris stole the car in Pennsylvania and drove it to Ohio to sell it to Daniel. Daniel can be charged under 18 U.S.C. § 2313.
- Marissa owns a used car dealership. She buys a truck not knowing it was stolen in Canada and brought into the U.S. She can’t be convicted under this law because she didn’t know it was stolen.
- Jake takes his friend’s boat without permission and brings it from Minnesota to Wisconsin to sell it. Even though Jake stole the boat himself, transporting and selling it across state lines could violate 18 U.S.C. § 2313.
As you can see, this law applies quite broadly to anyone trafficking stolen vehicles over state or national borders. It’s not limited just to professional car thieves or chop shops.
Why Was This Law Passed?
18 U.S.C. § 2313 was passed way back in 1919 to help crack down on the growing problem of vehicle theft that crossed jurisdictions. Before modern technology, it was hard for law enforcement to track down stolen vehicles moved from state to state. This law enabled federal authorities to get involved.
Today, this law provides an important tool to prosecute members of large auto theft trafficking rings. With multi-state and international vehicle theft still a big business, 18 U.S.C. § 2313 gives prosecutors power to go after criminals no matter where they attempt to take stolen vehicles.
How Does This Relate to Other Laws?
18 U.S.C. § 2313 is part of a cluster of laws under Chapter 113 of Title 18 dealing with stolen property. Some other relevant laws include:
- 18 U.S.C. § 2311 – Definitions
- 18 U.S.C. § 2312 – Transportation of stolen vehicles
- 18 U.S.C. § 2314 – Interstate transportation of stolen property
- 18 U.S.C. § 2315 – Sale or receipt of stolen goods
Section 2313 deals specifically with trafficking stolen vehicles while some of these other laws address trafficking stolen property more generally. Prosecutors may charge multiple counts under these related statutes for the same criminal operation.
What About State Laws?
In addition to federal charges under 18 U.S.C. § 2313, there may also be state charges for dealing with stolen vehicles. For example, states have laws against:
- Receiving or transferring stolen vehicles
- Chop shop violations for altering stolen vehicles
- Title fraud
- Criminal possession of stolen property
So state and federal prosecutors could hit a defendant with charges under both federal and state law. That’s bad news as it likely means higher penalties and more counts a defendant will need to fight.
Key Takeaways
The key points to remember about 18 U.S.C. § 2313 include:
- It prohibits trafficking stolen motor vehicles, vessels, and aircraft across state or national borders
- Up to 10 years in prison is possible for a conviction
- The government must prove the defendant knew the vehicle was stolen
- Claiming lack of knowledge is a common defense
- This federal law complements state laws on stolen vehicles
Bottom line – don’t mess around with vehicles you know are stolen, especially if they’ve been taken across state lines. Getting involved puts you at risk of serving hard time in federal prison. If you’ve been charged under 18 U.S.C. §;