Sale or Receipt of a Stolen Motor Vehicle

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US-JURY-11THCIR-O87-CR
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Description

Pattern Jury Instructions from the 11th Circuit Federal Court of Appeals. For more information and to use the online Instruction builder please visit http://www.ca11.uscourts.gov/pattern-jury-instructions

Sale or Receipt of a Stolen Motor Vehicle is the illegal act of knowingly buying, selling, exchanging, receiving, or disposing of a stolen motor vehicle. This offense can be classified into two types: direct sale or receipt of a stolen motor vehicle and indirect sale or receipt of a stolen motor vehicle. Direct Sale or Receipt of a Stolen Motor Vehicle is the act of knowingly buying, selling, exchanging, or receiving a stolen motor vehicle that was stolen from the owner. This is often done without the knowledge of the original owner, as the thief may have already sold the vehicle to the buyer before the theft was reported. Indirect Sale or Receipt of a Stolen Motor Vehicle is the act of knowingly buying, selling, exchanging, or disposing of a stolen motor vehicle that was previously sold or disposed of by a third party, without the knowledge of the original owner. This type of sale or receipt of a stolen motor vehicle is often done in a disguised manner, such as through a middleman or through a false identity. In both cases, Sale or Receipt of a Stolen Motor Vehicle is a criminal offense and punishable by law. Penalties may include fines, jail time, and/or restitution to the owner of the stolen vehicle.

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FAQ

If convicted, a person will face up to five years in prison and a fine of up to $10,000. $2,000 or more, the criminal will be charged as a third degree felony. This is punishable by a maximum penalty of seven years in prison and a fine of up to $15,000.

But Section 641 also states that, if the value of the stolen property is $1000 or less, that person shall be fined and imprisoned for no longer than 1 year. The $1000 threshold, therefore, is necessary to make a Section 641 offense into a felony; smaller theft from the government is only a misdemeanor.

Definition. In the FBI's Uniform Crime Reporting (UCR) Program, motor vehicle theft is defined as the theft or attempted theft of a motor vehicle. A motor vehicle is defined in the UCR Program as a self-propelled vehicle that runs on land surfaces and not on rails.

2312. The elements of a violation under 18 U.S.C. § 2312 are that the defendant: (1) unlawfully transported or caused to be transported in interstate or foreign commerce; (2) a stolen motor vehicle or aircraft; and (3) knowing the same to be stolen.

§ 3934. Theft from a motor vehicle. (a) Offense defined. --A person commits the offense of theft from a motor vehicle if he unlawfully takes or attempts to take possession of, carries away or exercises unlawful control over any movable property of another from a motor vehicle with the intent to deprive him thereof.

?The term "motor vehicle" means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, passengers and property, or property or cargo.

Theft of government property under 18 U.S.C. § 641 makes it a crime to steal, embezzle, or knowing convert with intent for your own personal gain the property, or to sell, convey, or dispose of any record, voucher, money, or something of value issued by a department of the United States government.

3924. Theft of property lost, mislaid, or delivered by mistake.

More info

18 U.S.C. 18 U.S.C. Title 18 of the United States Code is the main criminal code of the federal government of the United States. 1368.Sale or receipt of stolen vehicles. This instruction is modeled after Instruction 8. 2747 Unlawful transfer or assignment of right or interest in motor vehicle; penalty. The seller must enter the date of sale and complete any disclosure statements that apply. The seller is responsible for completing the Odometer Certification section of the title. 063, Making or possessing motor vehicle theft tools. Huntsville Receiving Stolen Property Lawyer. Do not buy a vehicle from an individual unless the seller has the title to the vehicle in their name and can give it to you at the time of sale.

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Sale or Receipt of a Stolen Motor Vehicle