Importation or Exportation of Stolen Vehicles -18 U.S. Code § 553
Vehicle theft and trafficking in stolen vehicles or parts are crimes in every state, and each has its penalties for such crimes.
However, when someone attempts to import or export stolen vehicles or parts across U.S. borders, it becomes a federal crime under 18 U.S. Code 553. If you are charged with this crime, you could face up to ten years in prison if convicted.
18 U.S. Code 553 Importation or exportation of stolen motor vehicles, off-highway mobile equipment, vessels, or aircraft says,
"(a) Whoever knowingly imports, exports, or attempts to import or export-
(1) any motor vehicle, off-highway mobile equipment, vessel, aircraft, or part of any motor vehicle, off-highway mobile equipment, vessel, or aircraft, knowing the same to have been stolen; or
(2) any motor vehicle or off-highway mobile equipment or part of any motor vehicle or off-highway mobile equipment, knowing that the identification number of such motor vehicle, equipment, or part has been removed, obliterated, tampered with, or altered, shall be fined under this title or imprisoned not more than ten years, or both.
(b) Subsection (a)(2) shall not apply if the removal, obliteration, tampering, or alteration-
(1) is caused by collision or fire; or
(2) (A) in the case of a motor vehicle, is not a violation of section 511 of this title (relating to altering or removing motor vehicle identification numbers); or
(B)in the case of off-highway mobile equipment, would not be a violation of section 511 of this title if such equipment were a motor vehicle.
(c) As used in this section, the term-
(1) "motor vehicle" has the meaning given that term in section 32101 of title 49.
(2) "off-highway mobile equipment" means any self-propelled agricultural equipment, self-propelled construction equipment, and self-propelled special use equipment used or designed for running on land but not on rail or highway.
(3) "vessel" has the meaning given that term in section 401 of the Tariff Act of 1930 (19 U.S.C. 1401).
(4) "aircraft" has the meaning given that term in section 40102(a) of title 49; and
(5) "identification number"-
(A) in the case of a motor vehicle, has the meaning given that term in section 511 of this title; and
(B) in the case of any other vehicle or equipment covered by this section, means a number or symbol assigned to the vehicle or equipment, or part thereof, by the manufacturer primarily for the purpose of identifying such vehicle, equipment, or part."
What Does the Law Say?
18 U.S.C. 553 makes it a federal crime to do either of the following:
- To knowingly import or export any stolen vehicle (or stolen vehicle part) into or out of the United States, knowing that the items were stolen, or
- To knowingly import or export any vehicle whose unique identification number has been removed or tampered with.
This statute covers all of the following types of vehicles and parts:
- Motor vehicles: Any vehicle designed for use on roads and highways.
- Off-highway mobile equipment: Any vehicle designed for use on land but not roads (e.g., farming or construction equipment).
- Vessels (i.e., watercraft); and
- Aircraft.
The statute's primary aim is to prevent the trafficking of stolen vehicles across national borders, which is often connected to larger criminal enterprises, including organized crime syndicates such as drug cartels or human trafficking rings.
Importing or exporting stolen vehicles is considered a severe offense due to the potential involvement in broader criminal activities and the cross-border nature of the crime, which implicates international law and treaties.
Exception: Regarding knowledge of the tampering or removal of identification numbers, 18 U.S.C. 553 makes an exemption in cases where the tampering of identification numbers occurred due to an accident (collision or fire) and is not a violation of other related statutes.
What Must Be Proven to Convict?
To convict you under 18 U.S.C. 553, the prosecution must prove the following elements of the crime beyond a reasonable doubt:
- Importation or Exportation: This crime specifically involves the act of importing or exporting a vehicle. The vehicle must have crossed or attempted to cross the U.S. border, whether entering the country or leaving.
- Stolen Vehicle: The prosecution must prove that the vehicle in question was indeed stolen. This typically involves showing evidence of the vehicle being unlawfully taken from its rightful owner.
- Knowledge: You knew that the vehicle, vessel, or aircraft in question was stolen.
- Intent: You had the intent to commit the crime, meaning you knowingly participated in the act of importing or exporting the stolen vehicle with full awareness of the vehicle's status.
What Are Related Federal Laws?
18 U.S. Code Chapter 27 Customs has several related federal laws, including the following:
- 18 U.S.C. 541 - Entry of goods falsely classified.
- 18 U.S.C. 542 - Entry of goods by means of false statements.
- 18 U.S.C. 543 - Entry of goods for less than legal duty.
- 18 U.S.C. 544 - Relanding of goods.
- 18 U.S.C. 545 - Smuggling goods into the United States.
- 18 U.S.C. 546 - Smuggling goods into foreign countries.
- 18 U.S.C. 547 - Depositing goods in buildings on boundaries.
- 18 U.S.C. 548 - Removing or repacking goods in warehouses.
- 18 U.S.C. 549 - Removing goods from customs custody; breaking seals.
- 18 U.S.C. 550 - False claim for refund of duties.
- 18 U.S.C. 551 - Concealing or destroying invoices or other papers.
- 18 U.S.C. 552 - Officers aiding importation of obscene or treasonous books and articles.
- 18 U.S.C. 553 - Importation or exportation of stolen motor vehicles, off-highway mobile equipment, vessels, or aircraft.
- 18 U.S.C. 554 - Smuggling goods from the United States.
- 18 U.S.C. 555 - Border tunnels and passages
What are the Penalties?
Violating 18 U.S.C. 553 comes with substantial penalties. If you are convicted, you could face:
- Fines up to $250,000, and
- Up to 10 years in federal prison.
What Are the Defenses Against 18 U.S.C. 553 Charges?
An experienced federal criminal defense attorney can employ a variety of defense strategies to counter charges you are facing under U.S.C. 553. These include, but are not limited to:
- Lack of Knowledge/Intent: One of the most effective defenses is demonstrating that you did not know the vehicle or equipment was stolen. If you can prove that you had no knowledge or intent, the prosecution may not be able to convict you.
- Mistaken Identity: In some cases, individuals may be mistakenly charged under 18 U.S.C. 553 due to having a similar name or being in the wrong place at the wrong time. An attorney can help gather evidence to establish an alibi and demonstrate that you were not involved in the crime.
- Entrapment: If law enforcement officers used entrapment tactics to induce you into committing the crime, that can be a viable defense. Entrapment means that law enforcement officers encouraged or coerced you into committing a crime that you would not have otherwise committed.
- Involuntary Action: If your attorney can show you were coerced into committing the crime due to the threat of harm or duress, it can be a valid defense.
- Exemptions: If you knowingly import/export vehicles with the identification numbers altered or removed, your attorney may show that the numbers were removed due to collision, fire, or otherwise lawfully, making you exempt from prosecution under this law.
- Violation of Constitutional Rights: Your attorney may challenge the legality of evidence against you if your constitutional rights were violated during the investigation or arrest process. This could potentially result in a dismissal of charges.
For additional information, contact our federal criminal defense law firm, Eisner Gorin LLP, which has offices in Los Angeles, California.
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