Arizona Auto Theft Laws

In Arizona, taking another person’s means of transportation is a felony offense. Arizona has one of the highest auto theft rates in the nation, so law enforcement and prosecutors take these offenses seriously. Riding in a stolen car can be a crime if you were aware the vehicle had been illegally obtained. Motor vehicle theft and related crimes depend on who is driving the car and whether they had permission to drive that person’s vehicle.

This article examines and explains the main charges Arizona prosecutors utilize in auto theft cases, the potential penalties, and possible defenses. Read on for a better understanding of these offenses.

Auto Theft Charges in Arizona

Arizona has three main charges for auto theft:

• Theft of means of transportation
• Unlawful use of means of transportation (joyriding)
• Failure to return a vehicle in default

Although these statutes refer to “means of transportation,” they do not include bicycles and other non-motorized modes of transportation, which are included under general theft laws. These statutes primarily address auto theft and car theft. Carjacking is treated as armed robbery, rather than auto theft.

Theft of Means of Transportation

The Arizona Revised Statutes (A.R.S) for theft of means of transportation means that a defendant did at least one of the following:

• Knowingly and intentionally (and without lawful authority) took another person’s means of transportation
• Made a material misrepresentation (a significant false statement) to acquire someone else’s vehicle
• Used another person’s vehicle, knowing or having reasonable certainty that the car was stolen

Arizona requires anyone who comes into possession of a vehicle by mistake to make a reasonable inquiry into the true owner‘s identity and make reasonable efforts to notify them of the vehicle’s location.

Because of the high rate of car theft in the state of Arizona, there are special reporting procedures for vehicle theft. Anyone reporting such an offense must file an affidavit explaining the circumstances. This affidavit must be given to a law enforcement officer on the day of the report or filed with the appropriate agency within seven days of the incident. If not received, the information is removed from the Arizona criminal justice information system 30 days after the theft.

Unlawful Use of Means of Transportation

Unlawful use of means of transportation is knowingly taking control of another’s vehicle or riding in a vehicle under the control of another person while aware that the vehicle belongs to someone else. Often referred to as “joyriding,” the offense can lead to felony charges and prison time for young offenders. The difference between this offense and theft of a means of transportation is that the user has no intent to permanently deprive the owner.

Failure To Return a Vehicle in Default

Until 2023, failure to return a vehicle in default was a Class 6 felony. However, the Arizona legislature repealed that law, making it a civil offense instead. Arizona law now creates civil and regulatory penalties for failing to return a vehicle in default.

Previously, the method of reporting stolen vehicles in Arizona did not distinguish between vehicles stolen by force and vehicles held by owners who had not paid their car note. Owners in default were being subjected to felony police stops without realizing why. Under the new laws, a creditor can request that the owner’s driver’s license and plate be suspended and that the registration be held until the car is surrendered.

Carjacking

Arizona often categorizes carjacking as armed robbery rather than theft of means of transportation. Arizona law does not have a separate carjacking statute. If a defendant faces a carjacking charge, a defense attorney may try to negotiate a guilty plea to auto theft to help a defendant avoid more serious prison time.

Penalties

Theft of means of transportation is a Class 3 felony. Defendants can face up to 10 years’ imprisonment and fines of up to $150,000. Aggravating factors such as prior convictions or the use of a deadly weapon can increase the penalties.

Unlawful use of means of transportation is a Class 5 felony for the driver in control or a Class 6 felony for anyone in the car who knew or reasonably should have known the car was stolen. Defendants can receive sentences ranging from probation and fines for a first offense to prison sentences of two to five years for a first offense. The penalties are much more severe for repeat offenders.

Penalties for failure to return a vehicle in default include suspension of driver’s license, suspension of registration, and possible damage to your credit rating. These are civil penalties, rather than criminal sanctions.

Possible Defenses

The defense of improper reporting to police was the primary reason for eliminating the crime of unlawful failure to return a vehicle in default. If an owner does not properly file an affidavit and the theft has not been removed from the police database, your attorney may use this defense.

Other defense strategies can include:

• Consent: If an owner consented to the defendant taking their car but later changed their mind, no theft occurred under Arizona statutes. Proving this may turn on how long the defendant kept the car and what permission the owner of the vehicle actually gave.
• Lack of knowledge: Riders in stolen vehicles must reasonably know that the driver had stolen the car when they hopped in for a ride. If they can prove they genuinely did not know of the theft, they may avoid prison time.

Other defenses are possible as well.

Get Legal Advice From an Arizona Criminal Defense Lawyer

If you’re convicted of auto theft, you may face serious consequences, including prison time and substantial fines. When facing auto theft charges, it’s in your best interests to speak with an Arizona criminal defense attorney. They’ll examine the details of your case, explain your options, and stand with you during the process.