{"id":373194,"date":"2016-09-14T14:28:51","date_gmt":"2016-09-14T19:28:51","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/indiana-law\/indiana-auto-theft-laws-1.html"},"modified":"2018-03-06T14:53:35","modified_gmt":"2018-03-06T19:53:35","slug":"indiana-auto-theft-laws-1","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/indiana-law\/indiana-auto-theft-laws-1.html","title":{"rendered":"Indiana Auto Theft Laws"},"content":{"rendered":"\n
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Indiana Auto Theft Laws <\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

We\u2019ve seen it in movies and in video games where criminal masterminds are speeding through the streets of fictional cities such as Liberty City or San Andreas. While this all seems like fun and games when playing it on your big screen television, in reality stealing a car is a major felony offense<\/a> and can land you in prison \u2013 especially in Indiana where auto theft laws are stringent and penalties are significant. So next time you or your buddies think about stealing that Honda Civic, think again.<\/p>\n

Elements of Auto Theft<\/h2>\n

The basic elements of car theft are pretty standard in most states. In order to prove the defendant guilty of car theft, the Indiana district attorney<\/a> must prove that that defendant took or drove a vehicle that belonged to someone else, without the owner\u2019s permission, and with the intent to permanently deprive the owner of the car. Simply put, the defendant took a car without permission and never planned to return it. Ever.<\/p>\n

Possible Defenses to Auto Theft<\/h2>\n

Aside from the typical mistaken identity defense (a.k.a. \u201cit wasn\u2019t me\u201d), there are several other possible defenses<\/a> to car theft in Indiana. First, the defendant may claim that he or she simply lacked the requite intent<\/a> to commit the crime. If a person drives away in a car, but claims they were just taking it \u201cfor a spin,\u201d but really intended to return it to the owner later, that can be considered \u201cjoyriding<\/a>,\u201d a much less serious offense than stealing cars.<\/p>\n

The other possibility is that the defendant had consent<\/a> to drive the car from the owner. Many times this situation arises in family disputes where a parent is angry that their child \u201ctook the car,\u201d because they only gave their son or daughter permission to use the vehicle on one or two occasions, but the child took advantage of that generosity and used the car at a different time. This defense can be very fact-specific and will require the help of an attorney.<\/p>\n

Indiana Auto Theft Laws Overview<\/h2>\n

The following table provides a basic overview of Indiana\u2019s auto theft laws and penalties. Keep in mind, there may be several defenses available to you depending on the circumstances of your case.<\/p>\n\n

Statutes<\/b><\/p>\n<\/td>\n

Penalties <\/b><\/p>\n<\/td>\n

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  • Auto Theft<\/b>: Level 6 felony, up to two and a half years in prison and a $10,000 fine. If the defendant has prior conviction, automatically a Level 5 felony with up to six years in prison and a $10,000 fine.<\/li>\n
  • Joyriding<\/b>: Class A misdemeanor, up to one year in jail and a $5,000 fine.<\/li>\n<\/ul>\n

    Note: Any acts alleged to have occurred prior to the June 30, 2014 are sentencing under the old sentencing scheme. Speak to a lawyer to learn more. <\/i><\/p>\n<\/td>\n<\/tr>

Failure to Rent a Rental Car <\/b><\/p>\n<\/td>\n