What is Possession of a Stolen Vehicle in Oklahoma?

possession of a stolen vehicle It can be tempting. You see a car with its keys in the ignition and wonder what it would be like to take it out for a spin. You see a car on a dark street and the door is unlocked. You could sell this for parts and pay off a couple of debts. You see a car in a driveway, and the house is dark. The house is big and you need the money you could get from taking the car. Yes, it can be tempting. But being caught in possession of a stolen vehicle in Stillwater, Oklahoma can spell serious trouble.

Possession of a Stolen Vehicle: What Oklahoma Law Says

In Oklahoma, possession of a stolen vehicle is defined as receiving, possessing, concealing, selling, or disposing of a vehicle or farm implement, knowing that it was either stolen or was taken under other circumstances constituting a crime, by a person who is not entitled to possession. The crime is a felony in Oklahoma. Okla. Stat. tit. 47 § 4-103

The crime covers more than mere possession. If you are caught selling, hiding, or disposing of a stolen vehicle, possession is implied.

The prosecutor must prove all the elements of the crime beyond a reasonable doubt. If one or more of the elements is not proven, you will go free.

Here are the elements of possession of a stolen vehicle:

that a person not entitled to possession of a vehicle
received, possessed, concealed, or disposed of the vehicle
either knowing that it was stolen, or
knowing that it was converted under circumstances constituting a crime.

OUJI-CR 5-117

Defenses

Defenses are built upon facts that disprove one or more of the required elements of the crime. That is why it is imperative to go over the facts of your case fully and clearly with your attorney.

In order to prove the crime, the perpetrator must not be entitled to be in possession. That means if you have the legal right to be in possession, there is no crime. So, if your friend gave you permission to take his car for a few days, even if the car is found in your possession later, it was not stolen.

Likewise, in order to be found guilty under this statute, the perpetrator must know that the vehicle was stolen or converted. Let’s say your same friend stole the car, but you had no way to know that. You could be technically in possession if your friend loans you the car, but without knowing that the car was either stolen or converted, there is no crime.

The crime is punishable by up to two years in prison, a fine of up to $1,000, or both. Okla. Stat. tit. 21 § 9

Theft of Vehicle: Larceny

The basis of larceny is a theft by stealth. In Oklahoma, larceny is defined as taking another’s personal property through fraud or stealth with the intent to deprive. Okla. Stat. tit. 21 § 1701

There are a number of larceny statutes. One of the larceny statutes addresses vehicle thefts directly.

Theft of an aircraft, farm equipment, automobile, or other vehicle is a felony in Oklahoma. The crime is punishable by up to five years in prison if the value of the stolen property is less than $50,000; a prison term from 3 to 10 years if the property is valued at $50,000 or more; a fine that is equal to three times the value of the property (up to $500,000); or both.

In addition, court-ordered restitution is a possible punishment.

The penalties for these crimes are severe. If you are facing charges, make sure you talk to an experienced Stillwater criminal defense attorney as soon as possible. There are defenses which may be available to you.