Charges for Stealing a Car: Felony or Misdemeanor? CA, TX, FL, NY

There is no single national charge for stealing a car. The charge depends on the state, the value of the vehicle, whether the person meant to keep it, and whether force was used. Texas, for example, makes unauthorized use of a vehicle a state jail felony, while New York lists a motor vehicle worth more than $100 as a class E felony. This guide quotes the statutes for California, Texas, Florida, New York and federal law, including each penalty line. It is general information, not legal advice.

What Does Stealing a Car Mean?

In law, “stealing a car” is not one offense. Each state writes its own statutes, and the same act can be called grand theft, theft, grand larceny, unauthorized use of a vehicle or carjacking. The statute text quoted below was read on 25 October 2026 from the California Legislature, the Texas Legislature, the Florida Senate, the New York Senate and Cornell Law School’s U.S. Code site. Laws change, so confirm the current text before relying on it.

Intent is written into the statutes, and temporary taking is covered. California Vehicle Code 10851(a) applies to intent “either to permanently or temporarily deprive the owner” of title or possession. Florida Statute 812.014(1) likewise covers using property with intent to, “either temporarily or permanently”, deprive the owner. See the full text of California Vehicle Code 10851.

Owners who want to make a theft harder can read our steering wheel lock guide, the car alarm guide and the tracker guide. The rest of this page covers what the law says about the person who takes the car.

Joyriding Explained

The statutes quoted here do not use the word joyriding. What they cover is taking or using a car without the owner’s consent. California Vehicle Code 10851(a) covers a person who “drives or takes a vehicle not his or her own, without the consent of the owner”, and it applies “whether with or without intent to steal the vehicle”. Texas Penal Code 31.07 applies to a person who “intentionally or knowingly operates another’s boat, airplane, or motor-propelled vehicle without the effective consent of the owner”, and says the offense “is a state jail felony”.

New York Penal Law 165.05 covers a person who, knowing he lacks the owner’s consent, “takes, operates, exercises control over, rides in or otherwise uses a vehicle”. The offense, unauthorized use of a vehicle in the third degree, “is a class A misdemeanor”.

Grand Theft Auto Explained

The statutes quoted here do not use the phrase grand theft auto, and they grade car theft in different ways. California Penal Code 487(d)(1) lists “An automobile” among the property that makes a theft grand theft, with no dollar threshold. The $950 value test in 487(a) applies to property generally. Penal Code 489(c)(1) then sets the punishment for grand theft not described in subdivisions (a) or (b) of that section: “imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170”.

Texas Penal Code 31.03(a) says a person commits theft if he “unlawfully appropriates property with intent to deprive the owner of property”, and the offense level then follows the value of the car, as shown below.

What Are the Charges for Stealing a Car?

Depending on the state, taking a car can be charged as grand theft (California Penal Code 487(d)(1)), theft (Texas 31.03, Florida 812.014), unauthorized use of a vehicle (Texas 31.07, New York 165.05), grand larceny in the fourth degree (New York 155.30(8)) or carjacking (Florida 812.133, 18 U.S.C. 2119).

How States Handle Car Theft

The same act can land in very different places. A person who uses someone else’s car without consent falls under Vehicle Code 10851 in California, a state jail felony under 31.07 in Texas, a class A misdemeanor under 165.05 in New York, and, because the Florida theft statute includes a temporary deprivation, 812.014 in Florida. Which charge a prosecutor files depends on the facts.

Penalties for Stealing a Car

Table 1 quotes the penalty wording from the statutes. Other sections of each code may also apply.

Table 1: Penalty wording in the statutes

Jurisdiction and statute	Penalty as written
California Vehicle Code 10851(a)	“imprisonment in a county jail for not more than one year or pursuant to subdivision (h) of Section 1170 of the Penal Code or by a fine of not more than five thousand dollars ($5,000), or by both the fine and imprisonment”
California Penal Code 489(c)(1) (grand theft)	“imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170”
Texas Penal Code 31.07(b) and 12.35	State jail felony; confinement in a state jail “for any term of not more than two years or less than 180 days”, plus a fine “not to exceed $10,000”
Florida Statute 812.014(2)(c)6 and 775.082(3)(e)	Motor vehicle is grand theft of the third degree, a felony of the third degree; imprisonment “not exceeding 5 years”
New York Penal Law 165.05 and 70.15(1)	Class A misdemeanor; a jail term “shall not exceed three hundred sixty-four days”
New York Penal Law 155.30(8) and 70.00(2)(e)	Class E felony; for an indeterminate sentence the term “shall not exceed four years”

Florida also sets value tiers: 812.014(2)(a)1 makes property worth $100,000 or more first degree grand theft (775.082: “not exceeding 30 years”), and 812.014(2)(b)1 makes $20,000 to under $100,000 second degree (up to 15 years). How those tiers interact with the motor vehicle line for a particular car is a question for a Florida lawyer.

How Texas Grades Car Theft by Value

Under Penal Code 31.03(e), the Texas offense level follows the value of the property stolen, and Chapter 12 sets the punishment.

Table 2: Texas theft levels and punishment

Value of the property	Offense level (31.03(e))	Punishment (Chapter 12)
Less than $100	Class C misdemeanor	Fine not to exceed $500
$100 or more, less than $750	Class B misdemeanor	Fine up to $2,000, jail up to 180 days, or both
$750 or more, less than $2,500	Class A misdemeanor	Fine up to $4,000, jail up to one year, or both
$2,500 or more, less than $30,000	State jail felony	180 days to two years in a state jail, fine up to $10,000
$30,000 or more, less than $150,000	Third degree felony	2 to 10 years, fine up to $10,000

Reading the thresholds literally, a $2,000 car is a Class A misdemeanor theft, while a $20,000 car is a state jail felony theft. Unauthorized use under 31.07 is a state jail felony whatever the car is worth. Prior theft convictions also raise the level: 31.03(e) makes a theft under $2,500 a state jail felony after two or more prior theft convictions. Higher tiers exist from $150,000 up. Read the full text at the Texas Penal Code Chapter 31.

Special Cases

California Vehicle Code 10851(b) makes the offense a felony, with two, three or four years under Penal Code 1170(h) or a fine of up to $10,000, when the vehicle is an ambulance or a distinctively marked law enforcement or fire department vehicle taken on an emergency call and the person knows it, or a vehicle modified for a disabled person that displays a distinguishing plate or placard. Under 10851(e), a person with a previous felony conviction under that section, or for felony grand theft of a vehicle, is punishable under Penal Code 666.5. For the enforcement side, see how car thieves get caught and what happens when police find a stolen car.

Who Can Be Charged Besides the Driver?

California 10851(a) applies to “any person who is a party or an accessory to or an accomplice in the driving or unauthorized taking or stealing”. New York 165.05 lists “rides in” among the prohibited acts when the person knows there is no consent. Texas 31.03(b)(2) covers a person who appropriates property knowing another stole it, and 18 U.S.C. 2313(a) covers whoever receives, possesses, conceals, stores, sells or disposes of a stolen vehicle that crossed a State or U.S. boundary, knowing it was stolen. For the buyer’s side, read what to do if you bought a stolen car. Related reading: the Wheeler Dealers stolen car page.

Can Car Theft Become a Federal Crime?

Yes, in specific situations. Carjacking under 18 U.S.C. 2119 is not simple car theft: it applies to whoever, “with the intent to cause death or serious bodily harm”, takes a motor vehicle that has been transported, shipped or received in interstate or foreign commerce from the person or presence of another “by force and violence or by intimidation”, or attempts to do so.

Table 3: Federal motor vehicle statutes

Statute	Conduct	Penalty as written
18 U.S.C. 2119	Carjacking with intent to cause death or serious bodily harm	“not more than 15 years”; “not more than 25 years” if serious bodily injury results; if death results, “any number of years up to life” or death
18 U.S.C. 2312	Transporting a motor vehicle known to be stolen in interstate or foreign commerce	Fined or imprisoned not more than 10 years, or both
18 U.S.C. 2313(a)	Receiving or disposing of a stolen vehicle that crossed a State or U.S. boundary, knowing it was stolen	Fined or imprisoned not more than 10 years, or both

Florida has its own carjacking statute. Section 812.133 covers taking a motor vehicle from the person or custody of another when there is “the use of force, violence, assault, or putting in fear”. It is a felony of the first degree either way, and with a firearm or other deadly weapon it is punishable “by imprisonment for a term of years not exceeding life imprisonment”.

Common Misconceptions About Car Theft Charges

• “A car is only grand theft above $950 in California.” Penal Code 487(a) uses $950 for ordinary property, but 487(d)(1) separately lists an automobile.
• “Joyriding is always a misdemeanor.” Texas 31.07 makes unauthorized use of a vehicle a state jail felony, and California 10851(a) allows a sentence under Penal Code 1170(h).
• “A cheap car is a minor offense in New York.” Penal Law 155.30(8) applies once the value exceeds $100, and grand larceny in the fourth degree “is a class E felony”.
• “I planned to return it, so it is not theft.” California 10851(a) and Florida 812.014(1) both cover temporary deprivation.
• “Every carjacking is a federal case.” Federal 2119 requires intent to cause death or serious bodily harm; Florida 812.133 has no such element.

If it was your car that was taken, the questions are different. See whether theft is covered by car insurance, what happens if a financed car is stolen, and which cars are stolen most often.

What This Guide Does Not Cover

• States other than California, Texas, Florida and New York, such as Georgia and Ohio; read your own state’s code or ask a lawyer licensed there.
• Fines in Florida and New York, probation, restitution, plea agreements and sentencing guidelines.
• Evading police, damage to the vehicle, and other charges that can accompany a theft.

Charges depend on the state, the value of the vehicle, intent and any prior convictions. This page is not legal advice; if you or someone you know is facing a charge, talk to a licensed criminal defense lawyer in that state.

Frequently Asked Questions

What Is the Difference Between Joyriding and Grand Theft Auto?

California Vehicle Code 10851(a) covers taking or driving a vehicle without the owner’s consent with intent to deprive the owner permanently or temporarily, “whether with or without intent to steal the vehicle”, while Penal Code 487(d)(1) separately lists an automobile as grand theft. Texas Penal Code 31.07 makes unauthorized use of a vehicle a state jail felony, and 31.03 grades ordinary theft by value.

Is Stealing a Car a Felony?

It can be. A Texas unauthorized use is a state jail felony (31.07), a New York motor vehicle worth more than $100 is a class E felony (155.30), and a Florida motor vehicle is a felony of the third degree (812.014(2)(c)). New York unauthorized use of a vehicle in the third degree (165.05) is a class A misdemeanor.

Can I Go to Jail for Stealing a Car?

Each statute above lists custody as a possible sentence: county jail for not more than one year or a sentence under Penal Code 1170(h) in California, 180 days to two years for a Texas state jail felony, not more than 364 days for a New York class A misdemeanor, and not more than 5 years for a Florida third degree felony.

What If I Had Permission to Use the Car?

Consent is the dividing line: California 10851 applies to a vehicle taken “without the consent of the owner”, Texas refers to the owner’s “effective consent”, and New York 165.05 applies when the person knows the owner has not consented. California 10851(c) adds that consent on a previous occasion is not presumed or implied. Whether consent existed is a question for a lawyer and a court.

How Much Are the Fines for Car Theft?

Up to $5,000 under California Vehicle Code 10851(a) and up to $10,000 under 10851(b); up to $10,000 for a Texas state jail or third degree felony; and up to $4,000, $2,000 or $500 for a Texas Class A, B or C misdemeanor. Florida and New York fine amounts are not listed here.

What Happens If I Stole a Police Car?

In California, Vehicle Code 10851(b) makes it a felony, punishable for two, three or four years under Penal Code 1170(h) or by a fine of not more than $10,000, or both, when the vehicle is a distinctively marked law enforcement or fire department vehicle taken while on an emergency call and the person knows that fact. Rules in other states are not covered here.

Can a Passenger Be Charged for Riding in a Stolen Car?

Possibly. California 10851(a) reaches “any person who is a party or an accessory to or an accomplice in the driving or unauthorized taking or stealing”, and New York 165.05 lists “rides in” among the acts when the person knows the owner has not consented. Whether a passenger knew is a question of fact.