Auto Theft Laws in New York

In New York state, stealing a motor vehicle is punished as grand larceny. State law also covers related vehicle offenses like joyriding, carjacking, and deliberately damaging someone else's vehicle. In this article we'll discuss how New York defines and punishes these crimes. The value of a stolen vehicle, or the cost of any damage, often determine the fine or prison term imposed on the offender. Penalties also increase for repeat offenders and for anyone who uses violence (or the threat of violence) to take someone else's car.

What Are the Penalties for Motor Vehicle Larceny (Auto Theft) in New York?

A person who wrongfully takes another's vehicle with the intent to deprive the owner of its use or possession commits grand larceny in New York. Most auto thefts in New York are felonies. The penalties are based on the vehicle's value.

Value over $100. An offender who steals a motor vehicle valued at over $100 commits the crime of grand larceny in the fourth degree. Fourth-degree grand larceny constitutes a class E felony offense, which carries a sentence of up to four years in prison and a $5,000 fine (or double the offender's gain). (N.Y. Penal Law § 155.30 (2025); N.Y. Penal Law § 70.00 (2025); N.Y. Penal Law § 80.00 (2025).)

Value over $3,000. If the vehicle's value exceeds $3,000, then it is grand larceny in the third degree, a class D felony. A class D felony carries up to seven years of prison time and a $5,000 fine (or double the offender's gain). (N.Y. Penal Law § 155.35 (2025); N.Y. Penal Law § 70.00 (2025); N.Y. Penal Law § 80.00 (2025).)

Value over $50,000. Theft of a vehicle valued at over $50,000 is grand larceny in the second degree, a class C felony. A person convicted of a class C felony faces up to 15 years in prison and a $5,000 fine (or double the offender's gain). N.Y. Penal Law § 155.40 (2025); N.Y. Penal Law § 70.00 (2025); N.Y. Penal Law § 80.00 (2025).)

New York also punishes people who knowingly possess stolen vehicles and want to:

• benefit from the theft
• help someone else benefit from the theft, or
• prevent the owner from getting the vehicle back.

The penalty for possessing a stolen vehicle is the same as the penalty for stealing that vehicle. (N.Y. Penal Law § 165.45 (2025); N.Y. Penal Law § 165.50 (2025) N.Y. Penal Law § 165.52 (2025).)

Penalties for Stripping or Damaging a Vehicle

New York's general laws against damaging property apply to vehicle vandalism as well. In addition, state law specifically punishes auto stripping.

Auto Stripping

Unlawfully stripping parts from a vehicle carries misdemeanor and felony penalties. A person also commits this crime if they destroy or damage any part of a vehicle without the owner's permission. So, stripping a door or catalytic converter off a car would be auto stripping, as would breaking a car window in an attempt to steal items from the car.

Auto stripping in the third degree is a class A misdemeanor, punishable by up to 364 days in jail and a $1,000 fine. (N.Y. Penal Law § 70.15 (2025); N.Y. Penal Law § 80.05 (2025); N.Y. Penal Law § 165.09 (2025).)

Auto stripping in the second degree. A repeat offense in five years bumps up the crime to a class E felony. It's also a class E felony if the person strips or damages two or more vehicles and the stolen parts exceed $1,000 in value. A person convicted of a class E felony faces up to four years of prison time and $5,000 fine (or double the offender's gain). (N.Y. Penal Law § 165.10 (2025); N.Y. Penal Law § 70.00 (2025); N.Y. Penal Law § 80.00 (2025).)

Auto stripping in the first degree. First-degree penalties apply if the person strips or damages three or more vehicle and the value of the stolen parts exceeds $3,000. This class D felony carries a maximum seven-year prison sentence and $5,000 fine (or double the offender's gain). (N.Y. Penal Law § 165.11 (2025); N.Y. Penal Law § 70.00 (2025); N.Y. Penal Law § 80.00 (2025).)

Criminal Mischief

New York's laws against criminal mischief include damage to vehicles.

It is criminal mischief in the fourth degree, a class A misdemeanor, to:

• intentionally damage another person's property (regardless of the amount of the damage), or
• recklessly cause more than $250 in damage to another person's property.

(N.Y. Penal Law § 145.00 (2025).

It is criminal mischief in the third degree, a class E felony, if someone:

• damages a locked vehicle while breaking into it
• intends to steal the vehicle or anything in it, and
• has three or more prior convictions for criminal mischief (of any kind) in the last ten years.

It is also third-degree criminal mischief to cause more than $250 in damage to another person's property.

(N.Y. Penal Law § 145.05 (2025).)

It is criminal mischief in the second degree, a class D felony, if:

• someone intentionally damages another person's property (including a vehicle), and
• the damage is more than $,1,500.

(N.Y. Penal Law § 145.10 (2025).)

Penalties for Unauthorized Use of a Motor Vehicle (Joyriding)

Unauthorized use of a motor vehicle, commonly called joyriding, occurs when a person takes or uses a vehicle without the owner's consent. Unlike an auto thief, a joyrider does not intend to permanently deprive the owner of the vehicle's use or possession. The unauthorized use is the crime. New York's law against joyriding covers taking a vehicle without any permission at all. But it also covers, for example, renting or leasing a car and deliberately keeping it well past the agreed-upon return time.

There are three punishment levels for unauthorized use of a motor vehicle, depending on the circumstances.

Unauthorized Use in the Third Degree

Unauthorized use of a motor vehicle in the third degree covers the broadest range of conduct and includes when a person, without the consent of the vehicle's owner, does any of the following:

• takes, operates, exercises control over, rides in, or otherwise uses the vehicle
• while servicing a vehicle, uses the vehicle in a way that is unrelated to the repair and for the person's own purposes, or
• retains another's vehicle for a lengthy time period beyond the agreed return time or operates the vehicle in a manner constituting a major deviation from the agreed-upon purpose.

Any of this conduct constitutes a class A misdemeanor, which subjects the offender to up to 364 days in jail and a $1,000 fine.

(N.Y. Penal Law § 165.05 (2025); N.Y. Penal Law § 70.15 (2025); N.Y. Penal Law § 80.05 (2025).)

Unauthorized Use in the Second Degree

A defendant who commits third-degree unauthorized use of a motor vehicle, having been previously convicted of the same offense in the second or third degree, is guilty of a class E felony. This level of felony carries penalties of up to four years in prison and a $5,000 fine (or double the offender's gain). (N.Y. Penal Law § 165.06 (2025); N.Y. Penal Law § 70.00 (2025); N.Y. Penal Law § 80.00 (2025).)

Unauthorized Use in the First Degree

A joyrider who uses a motor vehicle in the course or commission of a class A, B, C, or D felony, or in immediate flight from the crime, commits unauthorized use in the first degree. This is a class D felony. Punishment for a class D felony includes up to seven years in prison and a $5,000 fine (or double the offender's gain). (N.Y. Penal Law § 165.08 (2025); N.Y. Penal Law § 70.00 (2025); N.Y. Penal Law § 80.00 (2025).)

Penalties for Carjacking

Under New York law, it is robbery to use force, or the threat of force, to steal someone's property. (N.Y. Penal Law § 160.00 (2025).)

Using force to steal a car (commonly called carjacking) is robbery in the second degree, a class C felony. Penalties for a class C felony include up to 15 years in prison and a fine of $5,000 (or double the offender's gain). (N.Y. Penal Law § 160.10 (2025); N.Y. Penal Law § 70.00 (2025); N.Y. Penal Law § 80.00 (2025).)

If the carjacker causes physical injury to another, is armed, or appears to be armed, it is first-degree robbery. This is a class B felony punishable by up to 25 years in prison and then same fine as above. (N.Y. Penal Law § 160.15 (2025); N.Y. Penal Law § 70.00 (2025); N.Y. Penal Law § 80.00 (2025).)

Forging or Altering a Vehicle Identification Number

All cars in the United States must have a vehicle identification number (VIN). Certain auto parts also have unique ID numbers. VINs and other ID numbers make it more difficult for people to profit from stealing cars and auto parts, or from falsifying a vehicle's maintenance history.

It is a crime in New York to:

• destroy, cover or alter a VIN (or vehicle part ID)
• remove a VIN (or vehicle part ID)
• affix a VIN to a vehicle without legal authorization
• create a VIN number for fraudulent purposes.

Violating this law is a class E felony. The police can also seize any vehicle whose VIN is missing, altered, destroyed, or covered.

(NY Penal Law § 170.65 (2025); NY Penal Law § 423-A (2025).)

Defenses to Vehicle Theft Charges in New York

One or more legal defenses can be available to a defendant charged with motor vehicle theft or a similar crime. The particular defenses available will differ significantly from case to case.

Consent. Crimes like car theft and joyriding require the offender to know that they did not have the right to take or use the vehicle. So, it is a defense to argue that you did have permission, or that there was a misunderstanding. For example, if your friend agrees to let you borrow their car on Thursday but you mistakenly believed it was Tuesday, you did not commit motor vehicle theft or joyriding when you took the car on Tuesday.

Mistake of fact. Mistakenly taking a car a person believed was theirs, or believed they had permission to take, does not constitute motor vehicle theft. For example, if you drive a car off a car dealership lot believing it was the car you purchased, you have not committed a motor vehicle theft when it turns out that the vehicle is an identical make and model of the car you bought, but not your car.

Temporary deprivation. If the person who takes the vehicle does not have the intent to permanently deprive an owner of the vehicle's use or possession, they have not committed motor vehicle theft. However, taking a vehicle without the owner's consent, even if it's later returned, would constitute joyriding.

Talk to a Lawyer

Motor vehicle larceny and related crimes are serious offenses. Any time you face a criminal charge or need legal advice, you should talk to a local criminal defense lawyer. An attorney can explain the legal process, defend your rights, and help you decide the best way to proceed.