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VOLUME 7 - CHAPTER 103
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103.3 Theft/Larceny, Auto Or Vehicular

    103.3.2 Auto Theft/Larceny: Miscellaneous Issues

    103.3.2.1 Applicability Of General Theft/Larceny Issues
    103.3.2.2 Auto Theft: Intent To Joyride Not Sufficient
    103.3.2.3 Auto Taking: No Conviction For Taking And Receiving The Same Vehicle

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VOLUME 7 - CHAPTER 103

    See FORECITE National™ 103.1.2 [Theft/Larceny: Miscellaneous Issues].

    See FORECITE National™ 103.2.2 [Theft/Larceny By False Pretenses: Miscellaneous Issues].

See generally, FORECITE National™ 305.20.3 [Theft/Larceny].

See FORECITE National™ 103.1.1.2 [Theft/Larceny: Federal Circuit Model Instructions And Notes].

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VOLUME 7 - CHAPTER 103

PRACTICE NOTE: In jurisdictions where intent to permanently deprive is element of auto theft, if the defendant’s intent was only to joyride (i.e., temporarily use the vehicle) then auto theft has not been committed. (See e.g., Gustine v. Florida (FL 1923) 97 SO 207, 208 and People v. Barrick (CA 1982) 33 C3d 115, 133 [187 CR 716]; see also Kerrigan v. State (SC 1991) 406 SE2d 160, 161 [counsel ineffective for failing to distinguish the permanency element of larceny from the temporary deprivation element of joyriding]; see also Hubbard, JURY INSTRUCTIONS FOR CRIMINAL CASES IN SOUTH CAROLINA: DEFENDANTS REQUESTED INSTRUCTIONS III(A)(5)(h) [Use of Vehicle (joyriding)] (South Carolina CLE, 1994) instructions on larceny p. 166.)

NOTE: It is not necessary that for the defendant to intend to return the car to the owner in order for the intent to be temporary rather than permanent. Driving and abandoning the vehicle may be sufficient to raise a reasonable doubt as to whether there was an intent to permanently deprive. (See Briefing Available, below.)

BRIEFING AVAILABLE: Click here. [Brief Bank # B-907.]

See generally, FORECITE National™ 305.20.3 [Theft/Larceny].

See FORECITE National™ 103.1.1.2 [Theft/Larceny: Federal Circuit Model Instructions And Notes].

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VOLUME 7 - CHAPTER 103

PRACTICE NOTE: When the defendant is charged with vehicle theft and receiving or withholding a stolen vehicle, the judge should instruct the jury that the defendant may not be convicted of both unlawfully taking and of receiving the same vehicle. (See e.g., People v. Strong (CA 1994) 30 CA4th 366, 376 [35 CR2d 494].) In such a situation, the trial court should instruct the jury that if the defendant is convicted of unlawfully taking the vehicle, or of unlawfully driving the vehicle as part of the original taking, it may not also convict him of receiving or withholding the vehicle. (Strong, 30 CA4th at 376].)

    See FORECITE National™ 97.2.1 [Theft And Receiving: Whether Thief May Be Convicted Of Both].

See generally, FORECITE National™ 305.20.3 [Theft/Larceny].

See FORECITE National™ 103.1.1.2 [Theft/Larceny: Federal Circuit Model Instructions And Notes].