Orlando car theft statistics include about 30-40 “cloned vehicles” every year. Suspects arrested in these cases generally face a lead charge of Grand Theft Auto, and will also likely have to contend with a range of other serious criminal charges including, fraud, forgery, identity theft, and even conspiracy or money laundering. It’s called charge stacking, a tactic prosecutors sometimes use in an effort to encourage a plea bargain, which saves them a lot of work.
Car cloning involves removing the windshield of a stolen car to access the Vehicle Identification Number (VIN) plate and replacing it with a counterfeit plate bearing a legitimate VIN from a similar make and model car. Forgery and identity theft charges are related to the sale of the vehicle because the transaction typically involves creating fake documentation like titles, registration papers, and even fraudulent vehicle history reports.
Criminal Charges and Penalties
Grand Theft Auto
- Statute: Florida Statutes § 812.014
- Details: Grand Theft Auto is charged under § 812.014(2)(c)6 if a motor vehicle is stolen. The degree of the felony depends on the value of the vehicle:
- Third-degree felony for vehicles valued under $20,000.
- Second-degree felony for vehicles valued between $20,000 and $100,000.
- First-degree felony for vehicles valued over $100,000 or involving certain aggravating factors like cargo theft.
Fraud
- Statute: Florida Statute § 817.034 (Florida Communications Fraud Act)
- Details: Fraud charges depend on the monetary value of the losses:
- Third-degree felony for losses between $300 and $20,000.
- Second-degree felony for losses between $20,000 and $50,000.
- First-degree felony for losses exceeding $50,000.
Forgery
- Statute: Florida Statute § 831.01
- Details: Forgery involves falsely making, altering, or counterfeiting a written instrument with intent to defraud. It is classified as a third-degree felony, punishable by up to five years in prison and a fine of up to $5,000.
Identity Theft
- Statute: Florida Statute § 817.568
- Details: Identity theft involves the fraudulent use or possession of personal identification information without consent. Penalties vary based on circumstances:
- Third-degree felony for basic identity theft (up to five years in prison).
- Second-degree felony for financial benefits exceeding $5,000 or multiple victims (up to 15 years in prison).
- First-degree felony for financial benefits exceeding $50,000 or numerous victims (up to 30 years in prison).
Conspiracy
- Statute: Florida Statute § 777.04(3)
- Details: Conspiracy occurs when two or more individuals agree to commit a crime. The punishment is typically one degree lower than the crime being conspired to commit (e.g., conspiracy to commit a second-degree felony results in a third-degree felony charge).
Money Laundering
- Statute: Florida Statute § 896.101 (Florida Money Laundering Act)
- Details: Money laundering involves conducting financial transactions to disguise proceeds from unlawful activities. Penalties depend on the amount laundered:
- Third-degree felony for amounts between $300 and $20,000 within one year (up to five years in prison).
- Second-degree felony for amounts between $20,000 and $100,000 within one year (up to 15 years in prison).
- First-degree felony for amounts exceeding $100,000 within one year (up to 30 years in prison)6.
Federal Involvement in Clone Car Cases
While many Grand Theft Auto cases are handled at the state level, federal authorities often step in when these crimes cross state lines or involve organized criminal networks operating across multiple jurisdictions. Federal charges significantly increase potential penalties because they typically include harsher sentencing guidelines and additional offenses such as racketeering.
For example, if cloned vehicles are transported across state borders for sale, this violates federal laws governing interstate commerce and stolen property trafficking. Additionally, organized efforts involving multiple individuals across different states may trigger charges under federal Grand Theft Auto conspiracy statutes.
Call 407-644-2466 to speak with an Orlando criminal defense attorney at the Rivas Law Firm.