Carjacking vs. Auto Theft: ‘Force Factor’ Explains Jail Time
BY MN CRIME STAFF
"Carjacking" and "Auto Theft" are often used interchangeably in casual conversation, but in a Minnesota courtroom, they’re two entirely different worlds.
One is a property crime; the other is a violent felony against a person.
Understanding this legal distinction explains why two teenagers arrested for "stealing cars" can face drastically different fates—one released to their parents, the other certified as an adult facing a decade in prison.
Auto Theft (Theft of Motor Vehicle)
The Statute: MN Stat. 609.52
The Act: Stealing a parked, unoccupied vehicle. This is the realm of the "Kia Boyz"—using a USB cable to hotwire a sedan while the owner is asleep or shopping.
The "Force" Factor: Zero. There is no confrontation with the victim.
The Penalty: Felony Theft.
Standard: Up to 5 years in prison (if vehicle value is under $5,000).
High Value: Up to 10 years (if value exceeds $5,000).
The Reality: For first-time juvenile offenders, this almost always results in probation, diversion programs, or a quick release to parents. In 2024, auto thefts statewide actually dropped by 19.3%, suggesting anti-theft software updates are finally having an impact.
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Carjacking (The New Statute)
The Statute: MN Stat. 609.247 (Enacted 2023)
The Act: Taking a vehicle from a person using force or threat of force. This includes pulling a driver out of a seat, implying you have a weapon, or pointing a gun.
The "Force" Factor: High. This is classified as a "Crime Against Persons," placing it in the same severity tier as assault and robbery.
The Penalties:
3rd-Degree (Simple Force): Up to 10 years. (e.g., yanking a driver out by their coat).
2nd-Degree (Implied Weapon): Up to 15 years. (e.g., hand in pocket simulating a gun).
1st-Degree (Armed/Bodily Harm): Up to 20 years. (e.g., pointing a firearm or striking the victim).
The Trend: While auto thefts are down, carjackings rose by 5.5% in 2024, with 426 incidents reported statewide.
Why "Certification" Matters
The most critical difference is how these charges affect juveniles (ages 14-17).
Auto Theft: Almost never results in "Adult Certification." The teen stays in the juvenile system, which prioritizes rehabilitation and seals records at age 18.
Carjacking: Because it is a violent felony, prosecutors can move to "certify" a 16- or 17-year-old as an adult.
Presumptive Certification: If the juvenile used a firearm (1st-Degree Carjacking), the court presumes they should be tried as an adult. The burden flips to the defense to prove why they shouldn't be.
EJJ (Extended Juvenile Jurisdiction): A middle ground where the teen gets a "stayed" adult prison sentence. If they violate probation before age 21, they go immediately to adult prison to serve the full time.
The Bottom Line: If you steal a car in stealth, you are stealing property. If you steal a car by force, you are attacking a human being. Minnesota law now draws a sharp, 20-year line between the two.
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