Auto Theft Laws in Illinois

Illinois punishes crimes like car theft and vehicle break-ins with penalties ranging from fines to lengthy prison terms.

By , Attorney Mitchell Hamline School of Law
Updated by Charles Crain, Attorney UC Berkeley School of Law
Updated 5/30/2024

Stealing a car is a serious crime in Illinois. State law also prohibits a broad range of related conduct, including criminal trespass to vehicles (joyriding), selling or disposing of stolen vehicles, vehicle hijacking (carjacking), vehicle invasion (breaking into a vehicle), and possessing vehicle theft tools. Some offenses are misdemeanors punished with fines, but more serious offenses can lead to felony convictions and time behind bars.

Motor Vehicle Theft Laws and Penalties in Illinois

Motor vehicle theft falls under Illinois' general theft law, which prohibits:

  • knowingly taking or obtaining control over another's property
  • without authorization, or by threat or deception, or knowing it's stolen, and
  • with intent to permanently deprive the owner of their property.

A person commits theft under this section when they steal a vehicle intending not to return it, or intending to abandon, conceal, or dispose of it. Deceiving someone into giving up their vehicle also constitutes theft. When the end result is the owner loses the benefit of their property, it's a permanent deprivation and, thus, theft.

Examples of Vehicle Theft

It is theft to take a vehicle without permission and:

  • keep it for your own use
  • bring it to a chop shop, or
  • abandon or hide it so it won't be found.

A person can also be guilty of theft even if they originally had permission to take the vehicle. For example, it is illegal to:

  • deceive someone into believing their vehicle no longer runs with the intent of taking it for your own use, or
  • keep a leased or rented vehicle past its return date, and fail to return it within three days of receiving a written demand.

Penalties for Vehicle Theft

The penalty for vehicle theft depends on the value of the vehicle stolen, as well as the circumstances surrounding the theft.

Theft of a vehicle worth less than $500 is a Class A misdemeanor. All other vehicle thefts are felonies with penalties ranging from 2 to 15 years' incarceration.

It's a Class 3 felony to steal a vehicle valued between $500 and $10,000, and a Class 2 felony when the vehicle is worth $10,000 to $100,000. Stealing a vehicle worth more than $100,000 is a Class 1 felony. Enhanced penalties apply when it's a government vehicle, the victim was 60 or older, or the offender has prior theft-related convictions.

(720 Ill. Comp. Stat. § 5/16-1 (2025); 720 Ill. Comp. Stat. § 5/16-3 (2025).)

Penalties for Breaking into or Damaging a Vehicle

Illinois has several laws that punish breaking into, damaging, or stealing from a vehicle

Burglary of a vehicle. Illinois' burglary statute specifically applies to vehicles, not just to buildings. It is a Class 3 felony to enter a vehicle without permission if you intend to steal something or commit any felony. If you damage the vehicle in the process, it becomes a Class 4 felony. (720 Ill. Comp. Stat. § 5/19-1 (2025).)

Possession of burglary tools. Illinois makes it a crime to possess burglary tools designed to unlock or start a vehicle without a key, including tools that capture or duplicate a vehicle key fob signal. Possession of such tools with the intent to enter a vehicle and commit a felony or theft is a class 4 felony. (720 Ill. Comp. Stat. § 5/19-2 (2025).)

Damaging a vehicle. Illinois has laws addressing both damage to vehicles in particular, and property damage in general. It is illegal to damage a vehicle, or to damage or remove vehicle parts, without the owner's permission. A first offense is a Class A misdemeanor; repeat offenses are Class 4 felonies. In addition, knowingly damaging any property, including a vehicle, is a felony if the damage exceeds $500. (625 Ill. Comp. Stat. § 5/4-102(a)(1) (2025); 720 Ill. Comp. Stat. § 5/21-1 (2025).)

Tampering with a vehicle. It is illegal to tamper with a vehicle, enter it, or attempt to operate any of its parts without permission. This law also applies to setting a vehicle in motion (or attempting to set it in motion). A first offense is a Class A misdemeanor; repeat offenses are Class 4 felonies. (625 Ill. Comp. Stat. § 5/4-102(a)(2) (2025).)

Penalties for Possessing or Receiving Stolen Vehicles or Vehicle Parts

A person who knowingly possesses or receives a stolen vehicle commits a Class 2 felony. For instance, it's a Class 2 felony for a chop shop to take in a stolen vehicle and strip it for parts. The crime becomes a Class 1 felony if the vehicle is worth $25,000 or more, or if three or more vehicles are involved. A person who should have known the vehicle was stolen based on the circumstances also commits a crime under this section.

This law also applies to the "essential parts" of a vehicle, which can include transmissions, engines, fenders, doors, frames, stereos, and similar parts. Most likely, catalytic converters would fall under the definition of essential parts.

Conspiring to commit these offenses with another person or persons can result in additional charges for vehicle theft conspiracy. This offense is a Class 1 or 2 felony, depending on the circumstances.

(625 Ill. Comp. Stat. § 5/1-118, 625 Ill. Comp. Stat. §§ 5/4-103 (2025).)

Penalties for Altering Vehicle Identification Numbers

All vehicles in the United States must come with Vehicle Identification Numbers. The VIN makes it possible to track a vehicle, and therefore makes it harder to profit from vehicle theft or fraud. In Illinois it is illegal to:

  • alter, falsify or destroy a vehicle's VIN, or the ID number of any essential vehicle part
  • conceal or misrepresent the identity of a vehicle or of any essential vehicle part
  • buy, sell, or possess a vehicle or essential vehicle part if you know its ID number has been removed or falsified.

(625 Ill. Comp. Stat. §§ 5/4-103 (2025).)

Penalties for Criminal Trespass of a Vehicle (Joyriding) in Illinois

Illinois refers to joyriding as criminal trespass of a vehicle. A person commits criminal trespass—a Class A misdemeanor—by knowingly and without permission entering or operating a vehicle (including aircraft, watercraft, and snowmobiles).

Unlike theft, criminal trespass involves a temporary, rather than permanent, taking of a vehicle. And, unlike burglary, an offender can commit criminal trespass even if they don't have the intent to commit another crime while trespassing.

(720 Ill. Comp. Stat. § 5/21-2 (2025).)

Penalties for Vehicular Hijacking or Invasion (Carjacking) in Illinois

Two offenses penalize entering or taking a vehicle when people are present. Vehicular invasion involves an unauthorized entry into a vehicle with intent to commit a crime, while vehicular hijacking stems from taking a vehicle by force or threat of force. Both carry harsh penalties.

Vehicular Invasion

A person commits vehicular invasion by using force to unlawfully enter or reach into an occupied vehicle with intent to commit a theft or felony. This offense addresses "smash and grab" crimes where there are people in the car. It also includes crimes where the "use of force" is against a person (rather than the vehicle). For instance, a defendant who thrusts a knife at a passenger (aggravated battery) through an open car window commits vehicular invasion. Vehicular invasion is a Class 1 felony. (720 Ill. Comp. Stat. § 5/18-6 (2025).)

Vehicular Hijacking

Vehicular hijacking is when a person uses force (or the threat of force) to take a vehicle from another person. The victim doesn't have to be inside the vehicle for this law to apply--it's enough if they're in the "immediate presence" of their vehicle. Commonly called carjacking, this offense is a Class 1 felony. If any of the following circumstances were involved during the crime, the person commits aggravated vehicular hijacking and faces Class X felony penalties:

  • If one of the victims has a physical disability, is younger than 16, or is older than 60, then the minimum sentence is 6 years in prison.
  • If the offender was armed with a dangerous weapon (other than a firearm) then the minimum sentence is 7 years.
  • If the offender carried a firearm, then an additional 15 years will be added to the sentence.
  • If the offender fires a gun, then an additional 20 years will be added to the sentence.
  • If the offender fires a gun and causes great bodily harm, permanent disability or disfigurement, or death, then a minimum of 25 years will be added to the sentence, and a life sentence can be imposed.

(720 Ill. Comp. Stat. § 5/18-3 (2025); 720 Ill. Comp. Stat. § 5/18-4 (2025); 720 Ill. Comp. Stat. § 5/5-4.5-25 (2025).)

Illinois law imposes penalties based on the level of the offense:

The sentencing ranges listed here show the general penalty range. If the crime involved aggravating factors or the offender has a criminal history, enhanced penalties could apply. For all theft offenses, a judge can order restitution (payments to the victim for losses associated with the crime), in addition to imprisonment and fines.

Class 4 felony. Punishment for a Class 4 felony is typically a sentence of one to three years of imprisonment and a fine not to exceed $25,000.

Class 3 felony. A Class 3 felony conviction usually results in a sentence of 2 to 5 years of imprisonment and a fine not to exceed $25,000.

Class 2 felony. A Class 2 felony conviction generally carries a sentence of 3 to 7 years of imprisonment and a fine of not more than $25,000.

Class 1 felony. A Class 1 felony conviction typically results in a sentence of 4 to 15 years of imprisonment and a fine of not more than $25,000.

Class X felony. A Class X felony conviction generally carries a sentence of 6 to 30 years of imprisonment and a fine of not more than $25,000.

Class A misdemeanor. The typical penalty for a Class A misdemeanor is up to one year in jail and up to a $2,500 fine for each offense.

(730 Ill. Comp. Stat. §§ 5/5-4.5-25 to -55; 5/5-5-6 (2024).)

Consult an Attorney

If you've been accused of a vehicle theft, or a related crime, you should speak with a criminal defense attorney. As we've seen, the penalties for these offenses can be significant, including hefty fines and lengthy prison terms. An attorney familiar with Illinois criminal law should be able to evaluate your case, protect your rights, and help you decide how to proceed.

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