CASPER, Wyo. — A Wyoming law that results in most motor vehicle thefts being prosecuted as misdemeanors is up for repeal.
The House Judiciary Committee on Monday heard testimony from Natrona County prosecutors and law enforcement on the bill to repeal 31-11-102: Unauthorized use of vehicle. The law prohibits one from driving, propelling or taking away a vehicle “for the purpose of temporarily making use of the vehicle.” It is a misdemeanor punishable by up to six months in prison and a $750 fine. The statute is sometimes referred to as “joyriding” in the Seventh Judicial District.
That means prosecutors are forced to accept the defense that the thief never really intended to “permanently deprive” the owner, a necessary element of theft.
Proving that is a high burden for law enforcement and prosecutors, said Allen Thompson, executive director of the Wyoming Association of Sheriffs and Chiefs of Police. He said in his 22 years of law enforcement, they were able to prove it only once: when the thief traded the car at a dealership.
“I don’t know how he did that without a title, but that’s the only felony grand theft auto that I ever remember prosecuting in those 22 years,” Thompson told the committee.
Seventh Judicial District Attorney Dan Itzen said the intent of the misdemeanor statute may have been to sanction pranks, but such a case has never come up in his 25 years prosecuting cases in Natrona County.
Chief Deputy District Attorney Blaine Nelson explained that a simple repeal of the law would allow prosecutors to use the statute for theft. Theft of livestock, firearms or items valued at $1,000 or more is punishable by up to 10 years in prison.
“The current theft statute here is effective at prosecuting this,” Nelson said. “[HB0125] just removes what could be a lesser-included offense that could be exercised by some persons of the defense.”
Itzen and Evansville Police Chief Mike Thompson told the committee that victims of auto theft are routinely incredulous and disheartened about the misdemeanor penalties for the criminals who steal, and sometimes destroy, vehicles that can be worth six figures.
“Part of the process is to make these people whole,” Thompson said.
Nelson added that personal transportation is an essential element of many people’s autonomy and livelihood, especially in rural Wyoming. People can also lose essential work and personal items if those are in the vehicle that is stolen.
Nelson said lawmakers might consider adding the word “vehicle” to the theft statute so that, like firearms and livestock, it is always a felony to steal.
Itzen said motor vehicle thefts in general have been on the rise during his 25 years as a prosecutor. Back then, there was maybe one a month; now it’s reported multiple times a week.
Casper Police Department Captain Jeremy Tremel told the committee that there were 124 vehicle thefts reported in 2022 and 154 reports in 2023. Last year there were 109.
Tremel said crime data from other parts of the country show stolen vehicles are often connected to subsequent violent crimes.
With one absence, the committee voted unanimously to advance the bill. Natrona County Rep. Art Washut (HD 36) is the primary sponsor.