Nevada Revised Statutes § 205.228 prohibits grand larceny of a motor vehicle, commonly called grand theft auto. A first offense is usually a category C felony punishable by 1 to 5 years in prison, victim restitution, and fines of up to $10,000.00.
A common defense is that you did not intentionally steal the car.
NRS 205.228 states that:
“A person who intentionally steals, takes and carries away, drives away or otherwise removes a motor vehicle owned by another person commits grand larceny of a motor vehicle.”
In this article, our Las Vegas criminal defense attorneys will address the following key issues regarding grand larceny of a motor vehicle in Nevada law:
- 1. Elements of NRS 205.228
- 2. Penalties
- 3. Defenses
- 4. Immigration Consequences
- 5. Record Seals
- 6. Related Offenses
- Additional Reading
1. Elements of NRS 205.228
Nevada’s legal definition of grand larceny of a motor vehicle applies when you deliberately steal and take away a vehicle.1
Typical auto theft scenarios include:
- Breaking and entering an unattended vehicle and driving it away by hot-wiring;
- When you steal a car that was temporarily entrusted to you as part of your employment (for example, a valet or chauffeur);
- When someone who has access to the keys steals the car (such as the owner’s child or friend);
- Agreeing to buy a car but then taking it without paying – this is called “fraudulent theft”; or
- Failing to return a car rental (this could instead be prosecuted as embezzlement under NRS 205.300)
In short, auto theft in Nevada encompasses any situation where you take a car that does not belong to you without the owner’s permission. Charges for grand theft auto can still stand even if you did not steal the keys, if the car doors were unlocked, or if the car was towed rather than driven away.1
2. Penalties
A first offense of grand larceny of a motor vehicle is a category C felony in Nevada, carrying:
- A minimum term of one year to a maximum term of 5 years in state prison, and
- Up to $10,000 in fines (at the judge’s discretion), and
- Restitution for the value of the motor vehicle
However, a second vehicle larceny offense in five years is a category B felony, carrying:
- A minimum term of one year to a maximum term of six years in prison, and
- Up to $5,000 in fines, and
- Restitution for the value of the motor vehicle2
3. Defenses
The three most common strategies for fighting the charge include these arguments:
- The car belonged to you. You should not be found guilty of stealing a car that legally belongs to you. Title and registration records could be used as evidence to show that you owned the vehicle.
- No theft occurred. This defense is especially strong in cases where no eyewitnesses saw the alleged theft and where the car is never found in your possession. As long as the prosecuting attorneys cannot prove guilt beyond a reasonable doubt, criminal charges cannot stand.
- You borrowed with permission. If you genuinely believed you had permission to borrow the car, nothing unlawful occurred. This is a more formidable defense to prove because it involves demonstrating your state of mind. Recorded communications such as text messages as well as eyewitness accounts may come in as evidence to show that there was no intention to commit grand larceny of the motor vehicle.
4. Immigration Consequences
Car theft is considered an aggravated felony.3 Consequently, non-citizens convicted of it face deportation from the U.S. after serving their sentence.
If you are an immigrant charged with any crime, you should retain experienced legal counsel immediately. It may be possible to reduce the charges to a non-deportable offense or drop them completely.
5. Record Seals
Auto theft convictions must stay on your record for five years. Once the five years have elapsed, you can ask the court for a record seal.
If your auto theft charge was dismissed, there is no waiting period to petition for a record seal.4 Learn how to seal Nevada criminal records.
6. Related Offenses
Possession of a Stolen Vehicle
Knowingly possessing a stolen vehicle (NRS 205.273) is a crime even if you were not the person who originally stole it. The offense is a category C felony, carrying 1 to 5 years in prison, restitution for the value of the property, and possibly up to $10,000 in fines (at the judge’s discretion).
Carjacking
Carjacking is a more serious offense than straight auto theft because it involves attempting to take a car by force, violence or threats. In cases of alleged carjacking, you face charges for not only the property crime of auto theft but also robbery (NRS 200.380), battery (NRS 200.481), and/or assault (NRS 200.471).
Shooting a Firearm from a Car
Discharging a gun from a vehicle (NRS 202.287) in a populated area is a category B felony, carrying 2 to 15 years in prison and/or up to $5,000 in fines. Otherwise, firing a gun from a car is a misdemeanor, carrying up to 6 months in jail and/or up to $1,000 in fines.
Additional Reading
For more in-depth information, refer to these scholarly articles:
- Automobile Theft – Journal of Criminal Law & Criminology.
- Auto Theft and Its Prevention – Crime and Justice.
- Auto Theft Offender and Offense Characteristics – Criminology.
- Auto Theft and the Role of Big Business – Crime and Social Justice.
- Auto Theft and Restrictive Deterrence – Justice Quarterly.
See our related article, Is Joyriding a crime in Nevada?
Legal References
- Nevada Revised Statute 205.228; Doolin v. State Dep’t of Corr. (Nev. App. 2018) 440 P.3d 53.
- Id.; NRS 193.130. Under prior law, penalties depended on whether the stolen vehicle was worth $3,500 or more.
- 8 USC 1101, subsection (a)(43).
- NRS 179.245; NRS 179.255.
