Larceny of a Motor Vehicle

Published for NC Criminal Law on February 29, 2012.

There's a popular video game -- or really, series of video games -- called Grand Theft Auto. And many states have a crime called grand theft auto, or have some other theft offense that is specific to motor vehicles. In fact, according to this handy chart from the National Conference of State Legislatures, it appears that at least half of all states have a vehicle theft crime. When I told a group of magistrates the other day that North Carolina doesn't have such an offense, they gave me a collective look that said "we're too polite to contradict you during class, but you're hopelessly dim." So I did a little poking around. First of all, we really don't have a separate vehicle theft offense. We have an unauthorized use of a vehicle offense, G.S. 14-72.2, and a crime for stealing gasoline, G.S. 14-72.5, and an offense covering the theft of certain motor vehicle parts, G.S. 14-72.8, and even a special offense for receiving or transferring a stolen vehicle, G.S. 20-106. But there is no distinct statutory offense for stealing a car. Motor vehicle thefts are prosecuted under the general larceny statute, G.S. 14-72, meaning that such a theft is generally a misdemeanor when the vehicle is worth less than $1000, and is a felony when the vehicle is worth more than $1000. [Update: a thoughtful reader pointed out that G.S. 20-106 also covers possession of a stolen vehicle, and it's a felony regardless of value, meaning that a person who steals [...]