UDAA – Stolen Car MCLA 750.412

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CAR THEFT – UNLAWFUL DRIVING AWAY OF AN AUTOMOBILE (UDAA)

750.412 Definition.

Sec. 412.

Definition—The term “motor vehicle” as used in this chapter shall include all vehicles impelled on the public highways of this state by mechanical power, except traction engines, road rollers and such vehicles as run only upon rails or tracks.

MCLA 750.413 Motor vehicle; taking possession and driving away.

Sec. 413.

Taking possession of and driving away a motor vehicle—Any person who shall, wilfully and without authority, take possession of and drive or take away, and any person who shall assist in or be a party to such taking possession, driving or taking away of any motor vehicle, belonging to another, shall be guilty of a felony, punishable by imprisonment in the state prison for not more than 5 years.

MCLA 750.414 Motor vehicle; use without authority but without intent to steal.

Sec. 414.

Any person who takes or uses without authority any motor vehicle without intent to steal the same, or who is a party to such unauthorized taking or using, is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $1,500.00. However, in case of a first offense, the court may reduce the punishment to imprisonment for not more than 3 months or a fine of not more than $500.00. However, this section does not apply to any person or persons employed by the owner of said motor vehicle or anyone else, who, by the nature of his or her employment, has the charge of or the authority to drive said motor vehicle if said motor vehicle is driven or used without the owner’s knowledge or consent.

MCLA 750.414a Unlawful possession of motor vehicle master key; definition; exceptions; penalty.

Sec. 414a.

(a) Except as provided in subsection (c) of this section, no person shall have a motor vehicle master key in his possession.

(b) As used in this section, “motor vehicle master key” means a key which is designed to open locks on more than one motor vehicle but excludes keys supplied with the motor vehicle by the manufacturer or dealer or the exact duplicate of such keys, and excludes keys supplied with replacement locks or the exact duplicate of such keys.

(c) The provisions of subsection (a) shall not apply to the following:

(1) Keys in the possession of garage mechanics, parking lot attendants or others engaged in the business of repairing or storing motor vehicles.

(2) Keys in the possession of law enforcement officers.

(3) Keys in the possession of locksmiths, key makers or other persons engaged in the business of making, altering, duplicating or repairing locks or keys.

(d) Violation of the provisions of this section shall be a misdemeanor.

MCLA 750.415 Concealing or misrepresenting identity of motor vehicle or mechanical device as misdemeanor or felony; evidence of violation; confiscation; sale at public auction; revocation of dealer’s license; vehicle identification plate and applicable labels; motor vehicle or part with identification number removed.

Sec. 415.

(1) A person who, without the intent to mislead another as to the identity of the vehicle, conceals or misrepresents the identity of a motor vehicle or of a mechanical device by removing or defacing the manufacturer’s serial number or the engine or motor number on the motor vehicle, or by replacing a part of the motor vehicle or mechanical device bearing the serial number or engine or motor number of the vehicle with a new part upon which the proper serial number or engine or motor number has not been stamped, is guilty of a misdemeanor.

(2) A person who, with the intent to mislead another as to the identity of a vehicle, conceals or misrepresents the identity of a motor vehicle or of a mechanical device by removing or defacing the manufacturer’s serial number or the engine or motor number on the motor vehicle, or by replacing a part of the motor vehicle or mechanical device bearing the serial number or engine or motor number of the vehicle with a new part upon which the proper serial number or engine or motor number has not been stamped, is guilty of a felony, and if the person is a licensed dealer, the dealer’s license shall be revoked.

(3) In all prosecutions under this section, possession by a person of a motor vehicle or of a mechanical device with the manufacturer’s serial number or the engine or motor number removed, defaced, destroyed or altered or with a part bearing the number or numbers replaced by one on which the proper number does not appear, shall be prima facie evidence of violation of this section.

(4) If the identification of a motor vehicle or a mechanical device has been removed, defaced, or altered as provided in this section and the real identity of the motor vehicle or mechanical device cannot be determined, the motor vehicle or mechanical device shall be subject to confiscation by the state and shall be sold at public auction, put to official use by the government agency seizing the vehicle, or rendered scrap. If the items are confiscated from a licensed vehicle dealer, the dealer’s license shall be revoked.

(5) A person shall not knowingly possess, buy, deliver, or offer to buy, sell, exchange, or give away any manufacturer’s vehicle identification number plate, federal safety certification label, antitheft label, posident die stamps, secretary of state vehicle identification label, rosette rivet, or any facsimile thereof. This subsection does not apply to a motor vehicle manufacturer, a motor vehicle parts supplier under contract with a motor vehicle manufacturer, or a law enforcement officer in the official performance of his or her duties or to a motor vehicle in which a manufacturer’s vehicle identification plate and each of the applicable labels listed in this subsection have been installed as prescribed by law. A person who violates this subsection is guilty of a felony, punishable by imprisonment for not more than 4 years, a fine of not more than $10,000.00, or both. If the person who violates this subsection is a licensed dealer or repair facility, its license shall be revoked.

(6) A person shall not buy, receive, or obtain control of a motor vehicle or motor vehicle part with the intent to sell or otherwise dispose of the motor vehicle or motor vehicle part knowing that an identification number of that motor vehicle or motor vehicle part has been removed, obliterated, tampered with, or altered. This subsection does not apply to a motor vehicle obtained from or at the direction of a law enforcement agency. A person who violates this subsection is guilty of a felony punishable by imprisonment for not more than 10 years, a fine of not more than $20,000.00, or both.

(7) As used in this section:

(a) “Antitheft label” means a label containing the vehicle identification number affixed to a motor vehicle by the manufacturer in accordance with subtitle VI of title 49 of the United States Code, 49 U.S.C. 30101 to 33118.

(b) “Federal safety certification label” means a label affixed to a motor vehicle that certifies that the motor vehicle conforms to current safety standards at the time of production and displays the vehicle identification number.

(c) “Motor vehicle” means a device in, upon, or by which a person or property is or may be transported or drawn upon a street, highway, or waterway, whether subject to or exempt from registration, except a device exclusively moved by human power or used exclusively upon stationary rails or tracks.

(d) “Posident die stamps” means specially designed die stamps used by motor vehicle manufacturers to produce unique letters and numbers when stamping vehicle identification numbers upon vehicle identification plates, tags, and parts affixed to a motor vehicle.

(e) “Rosette rivet” means a special rivet designed to prevent removal or tampering with a vehicle identification number plate affixed by the manufacturer to a motor vehicle and that, when used to affix a vehicle identification number plate, forms 5 or 6 petals at the rivet head.

MCLA 750.416 Motor vehicle; damaging, tampering or meddling with.

Sec. 416.

Damaging or unauthorized tampering or meddling with motor vehicle—Any person shall be guilty of a misdemeanor, who shall:

Intentionally and without authority from the owner, start or cause to be started the motor of any motor vehicle, or maliciously shift or change the starting device or gears of a standing motor vehicle to a position other than that in which it was left by the owner or driver of said motor vehicle; or

Intentionally cut, mark, scratch or damage the chassis, running gear, body, sides, top, covering or upholstering of any motor vehicle, the property of another, or intentionally cut, mash, mark, destroy or damage such motor vehicle, or any of the accessories, equipment, appurtenances or attachments thereof, or any spare or extra parts thereon being or thereto attached, without the permission of the owner thereof; or

Intentionally release the brake upon any standing motor vehicle, with intent to injure said machine or cause the same to be removed without the consent of the owner: Provided, That this section shall not apply in case of moving or starting of motor vehicles by the police under authority of local ordinance or by members of fire departments in case of emergency in the vicinity of a fire.

MCLA 750.417 Motor vehicle; removal out of state, consent of mortgagee.

Sec. 417.

Removal of and remaining out of state of motor vehicle, under mortgage, without consent of mortgagee—Any person who shall have made or executed any mortgage or instrument in writing intended to operate as a mortgage of any motor vehicle and who shall remove such motor vehicle so mortgaged from the state, without fully paying and satisfying said mortgage, and who shall cause or permit the motor vehicle so mortgaged and removed from the state, to remain outside of the state for a period of 30 days or more, without the consent of mortgagee named in said mortgage, shall be guilty of a felony.

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