Motor Vehicle Theft

Motor vehicle theft, also known as Unauthorized control for an extended time, is a criminal offense in Utah involving the temporary, unlawful possession of a motor vehicle without the owner’s consent. Under Utah Code § 41-1a-1314, this offense applies to individuals who take or control a vehicle without permission, intending to deprive the owner temporarily of its use. While it may not involve permanent theft, this crime is taken seriously, with penalties escalating if certain aggravating factors are present.

Salt Lake City Defense Lawyer for Motor Vehicle Theft

You can be charged with motor vehicle theft in situations such as taking a car without the owner’s consent, keeping a rented vehicle beyond the agreed timeframe, or using a vehicle without authorization. Regardless of the circumstances, Susanne Gustin is here to defend you.

Call Susanne Gustin, Attorney at Law, at 801-243-2814 or submit an online form to schedule a confidential consultation. Susanne Gustin represents clients facing theft charges throughout Salt Lake County and Davis County, including Salt Lake City, West Valley City, Layton, Bountiful, West Jordan, Sandy, and surrounding communities.

Information Center for Motor Vehicle Theft in Utah

• What is Motor Vehicle Theft in Utah?
• Penalties for Motor Vehicle Theft in Utah
• Defenses Against Motor Vehicle Theft in Utah
• Additional Resources

What Is Motor Vehicle Theft in Utah?

Motor vehicle theft occurs when someone takes or uses another person’s motor vehicle without permission, intending only to temporarily deprive the owner or lawful custodian of the vehicle. Unlike traditional theft, this offense focuses on temporary deprivation rather than permanent removal of the property. Utah Code § 41-1a-1314 states as follows:

1. Except as provided in Subsection (3), it is a class A misdemeanor for a person to exercise unauthorized control over a motor vehicle that is not his own, without the consent of the owner or lawful custodian, and with the intent to temporarily deprive the owner or lawful custodian of possession of the motor vehicle.

2. The consent of the owner or legal custodian of a motor vehicle to its control by the actor is not in any case presumed or implied because of the owner’s or legal custodian’s consent on a previous occasion to the control of the motor vehicle by the same or a different person.

3. Violation of this section is a third degree felony if:

   1. the person does not return the motor vehicle to the owner or lawful custodian within 24 hours after the exercise of unlawful control; or
   2. regardless of the mental state or conduct of the person committing the offense:
      1. the motor vehicle is damaged in an amount of $500 or more;
      2. the motor vehicle is used to commit a felony; or
      3. the motor vehicle is damaged in any amount to facilitate entry into it or its operation.

4. It is not a defense to Subsection (3)(a) that someone other than the person, or an agent of the person, returned the motor vehicle within 24 hours.

5. A violation of this section is a lesser included offense of theft under Section 76-6-404, when the theft is of an operable motor vehicle under Subsection 76-6-404(3)(a)(ii).

Here are some examples of situations that could lead to motor vehicle theft charges in Utah:

1. Taking a Friend’s Car Without Permission: Borrowing a friend’s vehicle without explicit consent, even if you intended to return it later.
2. Failing to Return a Rental Car: Keeping a rental car past the agreed-upon return date without contacting the rental company or extending the agreement.
3. Using a Stolen Vehicle: Driving a car you know (or suspect) has been stolen, even if you weren’t the one who initially took it.
4. Carjacking: Forcibly taking a vehicle directly from its owner, often involving threats or violence.
5. Unauthorized Employee Use: An employee taking a company vehicle home or using it for personal purposes without authorization from their employer.
6. Misunderstanding of Permission: Borrowing a vehicle under the assumption that you had permission, only to later find out the owner did not consent.
7. Taking a Parked Car Without Consent: Finding a car parked and unattended and driving it away without the owner’s approval.

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Penalties for Motor Vehicle Theft

The penalties for unauthorized control depend on the classification of the offense:

Class A Misdemeanor:

• Penalties:
  • Up to 1 year in jail or
  • Fines up to $2,500.

Third-Degree Felony (if aggravating circumstances apply):

• Penalties:
  • Up to 5 years in prison or
  • Fines up to $5,000.

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Defenses Against Motor Vehicle Theft

Several defenses may apply to unauthorized control charges:

1. Mistaken Consent: The defendant reasonably believed they had permission to use the vehicle.
2. No Damage or Felony Use: If no aggravating factors are present, the offense may remain a misdemeanor rather than a felony.
3. Disputed Ownership or Custody: The defendant may argue a legitimate claim to the vehicle if there is a dispute over ownership or custodial rights.

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Additional Resources

• Utah Code § 41-1a-1314: Motor vehicle theft, also known as Unauthorized control for an extended time, is a criminal offense in Utah involving the temporary, unlawful possession of a motor vehicle without the owner’s consent.
• Theft and Property Crimes: Even for first-time offenders, theft and property crime allegations are serious charges. For second and third offenses, penalties are far more severe. Contact Sussanne Gustin today for a consultation.

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Criminal Defense Lawyer for Motor Vehicle Theft Charges in Salt Lake County, Utah

If you are facing charges for unauthorized control of a motor vehicle in Utah, it is critical to consult with an experienced criminal defense attorney. This offense can lead to significant penalties, but with the right defense, charges can potentially be reduced or dismissed.

Susanne Gustin, Attorney at Law, has decades of experience defending clients against motor vehicle theft and related charges. She is dedicated to protecting her clients’ rights and pursuing the best possible outcome in every case.

For a consultation, contact Susanne Gustin at 801-243-2814. She serves clients throughout Salt Lake County, Davis County, Layton, Bountiful, Clearfield, North Salt Lake, Centerville, Woods Cross, West Point, and Kaysville.

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