NRS 205.273 makes it a Nevada crime to possess a motor vehicle that you know or have reason to believe is stolen. It makes no difference that you did not steal the car yourself.
Penalties
- Classification: Category C felony, regardless of the car’s value;
- Prison: 1 to 5 years, though probation may be possible;
- Fines: Possibly up to $10,000; and
- Restitution for the victim’s losses.
Defenses
- No knowledge: You did not know that the car was stolen.
- No possession: You never had actual, constructive, or joint control of the vehicle.
- Illegal search: The police obtained its evidence unlawfully.
If you borrowed or bought a car that turned out to be stolen, be sure to save your messages, receipts, and any paperwork you received. Those records can help explain what you knew when you took possession.
In this article, our Las Vegas criminal defense attorneys address the following key issues regarding the Nevada crime of possession of a stolen vehicle:
- 1. Elements of NRS 205.273
- 2. Penalties
- 3. Defenses
- 4. Immigration Consequences
- 5. Record Seals
- Frequently Asked Questions
1. Elements of NRS 205.273
For you to be convicted of violating NRS 205.273, Nevada prosecutors have to prove beyond a reasonable doubt either of the following:
- With the intent to procure or pass title to a motor vehicle which you knew or had reason to believe had been stolen, you received or transferred possession of the vehicle from or to another person; OR
- You had in your possession a motor vehicle which you knew or had reason to believe had been stolen.1
Knowledge
A key element of NRS 205.273 is your knowledge that the motor vehicle was stolen. To prove knowledge, prosecutors often look to circumstantial evidence such as a damaged ignition or your recorded communications (texts, emails, or voicemails) discussing the car.
Example: Mike tells Josh that he stole a Mercedes and asks Josh to hide it in Josh’s garage. Josh agrees and takes control of the car. Josh can be convicted of possessing a stolen vehicle even though he did not steal it.
Possession
Another key element of NRS 205.273 is that you had possession of the stolen motor vehicle. Nevada recognizes three types of possession:
- Actual possession: You knowingly have direct physical control over the vehicle, such as driving it.
- Constructive possession: You knowingly have both the ability and the intention to control the vehicle, either yourself or through another person, such as by keeping it in your garage.
- Joint possession: You share actual or constructive possession with other people.
Simply standing near a stolen car does not prove possession. However, in Palmer v. State, the Nevada Supreme Court upheld a conviction where the defendant was dismantling a stolen Jeep, even though nobody saw him drive it and he did not have the keys.2
Stealing the vehicle itself is a separate offense called grand larceny of a motor vehicle under NRS 205.228. Nevada also has a separate crime for operating a chop shop under NRS 205.2745.
2. Penalties
Possession of a stolen vehicle in violation of NRS 205.273 is a category C felony. The penalties are:
- 1 to 5 years in Nevada State Prison;
- A possible fine of up to $10,000; and
- Court-ordered restitution.3
The judge generally has discretion to suspend the sentence and grant probation. Violating its conditions can lead to incarceration.4
Restitution is meant to compensate the victim for losses caused by the offense. The amount of restitution is not automatically the full purchase price or value of the car in every case. Whether the vehicle was recovered and what damage or other losses occurred can affect the amount.5
3. Defenses
Here at Las Vegas Defense Group, we have represented literally thousands of people accused of vehicular crimes including possession of a stolen car. In our experience, the following three defenses have proven very effective with prosecutors, judges, and juries in getting NRS 205.273 charges reduced or dismissed.
1) No knowledge or reason to believe the car was stolen
Perhaps you bought or borrowed the car under the genuine belief it was a legitimate sale or loan. Helpful evidence may include any advertisements, bills of sale, payment records, messages, and witness accounts.
Paying for the car does not automatically defeat the charge, but the circumstances of the purchase may help demonstrate your good faith.6
2) No possession of the vehicle
It may be difficult for the D.A. to prove possession in the absence of video or eyewitness accounts of you driving the car or storing it on your property. The absence of your fingerprints or hair in or on the car may help your case as well.
Furthermore, simply being near the car or riding as the passenger in a car does not, by itself, prove possession. As long as there is reasonable doubt, criminal charges cannot stand.7
3) Unlawfully obtained evidence
If police violated your Fourth Amendment rights by executing an unlawful search, your lawyer may file a motion to suppress any unlawfully obtained evidence. If the court grant it, the prosecutors may be left with insufficient evidence to support a conviction. This can lead to your charges being lessened or dropped altogether.8
4. Immigration Consequences
A conviction for possession of a stolen vehicle can be deportable depending on the case. Any non-citizen charged with a crime should consult with an attorney immediately in attempt to negotiate a resolution to safeguard their resident status.9
5. Record Seals
The usual waiting period before you can petition to seal a Nevada conviction for possession of a stolen vehicle is five years after your release from actual custody or discharge from parole or probation, whichever happens later.
If the charge is dismissed, or if you get an acquittal, you can generally petition for a record seal right away.10
Learn more about sealing Nevada criminal records, which can take several months to complete.
Frequently Asked Questions
Can I be convicted if I did not steal the car?
Yes. Nevada can convict you of possessing a stolen vehicle even if someone else stole it. Under NRS 205.273, prosecutors only have to prove that you possessed the vehicle and knew or had reason to believe it was stolen.
What if I bought the car without knowing it was stolen?
You are not guilty under NRS 205.273 if you neither knew nor had reason to believe the vehicle was stolen. Keep the advertisement, bill of sale, payment records, and messages with the seller. They can help explain why you believed the sale was legitimate.
Can a passenger be convicted of possessing a stolen vehicle?
Being a passenger does not, by itself, prove possession. Even if you knew the car was stolen, accepting a ride in it does not necessarily mean you had control over the car. Prosecutors would need additional evidence or context to prove guilt beyond a reasonable doubt.
Can I get probation for possession of a stolen vehicle in Nevada?
Probation may be available for a conviction under NRS 205.273. The judge generally has discretion to suspend the prison sentence and grant probation, depending on the case.
When can I seal a stolen vehicle possession conviction?
The usual waiting period is five years after release from actual custody or discharge from parole or probation, whichever happens later. This process is not automatic; you have to file a petition.
Legal References
- NRS 205.273; Montes v. State (Nev. 1979) 603 P.2d 1069.
- Palmer v. State (Nev. 1996) 920 P.2d 112.
- NRS 205.273(3)–(4); NRS 193.130(2)(c).
- NRS 176A.100.
- NRS 205.273(4); NRS 205.290; Nevada Division of Parole and Probation, Victim Restitution.
- NRS 205.273(1).
- Palmer v. State (Nev. 1996) 920 P.2d 112.
- U.S. Constitution, Amendment IV; NRS 179.085.
- Matter of Sierra (2014) 26 I&N Dec. 288 (BIA) (holding that attempted possession of a stolen vehicle under Nevada law was not automatically an aggravated felony theft offense under Ninth Circuit law); 8 U.S.C. § 1101(a)(43)(G), (U).
- NRS 179.245; NRS 179.255.
