• In 1988, 19,506 vehicles were reported stolen; ten years later that number skyrocketed to 31,563 - an increase of over 61%;
• There was an 18 percent jump in vehicle thefts statewide in the first quarter of 1998 compared to the same period in 1997, which was itself a record year;
• In the city of Seattle, the rate has risen 55 percent during the first quarter of this year compared with last year;
• The city of Auburn has suffered a 100% increase in auto thefts in just the last four years, Des Moines was up 60%.

II. Reasons for the Increase in Auto Theft

While it is difficult to point to one specific factor fueling the rapid growth in automobile theft in our state, there are a number of factors which are clearly identifiable from the statistics:

• Juveniles now account for more than half of all auto theft arrests (1151 in 1997 vs. 946 for adults);
• Professional rings of car thieves are operating in our state, according to law enforcement investigators, with many of the vehicles being shipped out of the country;
• Value: everyone knows that the price of a new car has risen dramatically over the past decade. Cars represent, to average citizens, the most valuable personal property they own. Even factoring in "junker" cars, the average value of a stolen car is $5,416, according to the FBI;
• Chances of being caught: Nationally, only about 14% of all car thefts are cleared by arrest, according to the FBI. Washington state fares less well. There were 31,563 auto thefts in 1997 and 2,097 arrests, for a clearance rate of less than 7%.;
• The chances of being convicted of the crime are lower still, and the chance of being imprisoned for any length of time is very remote. Only 587 adults were convicted of TMVWOP during FY 1998. Of those, 13% were sent to prison. The rest received short jail terms averaging 2.4 months.

While auto theft by profit-seeking, professional car thieves is a growing cause of the a larger number of auto thefts, the vast majority of car thieves continue to be non-professionals, commonly juveniles interested in the cheap thrill of a easy steal. Usually, most thieves prowl cars for a short term gain and/or drive, perhaps to a friend's house or to assist in the furtherance of another crime, such as robbery. The majority of offenders are juveniles, unlicensed, and seeking a quick thrill ride and whatever personal property they can take, including car seats, stereos, and cell phones. The average profile of a car thief is someone who has likely committed many thefts and has many convictions. Furthermore, the majority of thefts are likely made by a small number of repeat offenders who continue the cycle. They face weak penalties, even after a half dozen convictions, and stealing thousands of dollars of equipment and causing immense property damage. The good news is that many of the stolen cars are recovered; the bad news is that they are often damaged by the thieves, who rip apart dashboards for stereos, recklessly or maliciously smash the body of the car, or even burn it to remove fingerprints.

III. Current Penalties

The most obvious problem with automobile theft laws is that they fail to provide a meaningful deterrent. This is especially true for the most prevalent number of joy-riders who have no fear of tough punishment. Furthermore, the increasing value of cars will only fuel the profitable market available to those in organized crime becoming involved. Chopping up cars for parts or complete resale out of state for profit are factors the original auto theft laws did not adequately anticipate.

In juvenile court it takes five convictions before a car thief can receive more than 30 days detention. Upon the fifth conviction for auto theft, the offender receives a sentence of 15 to 36 weeks (3.75 to 9 months).

The adult sentencing range for a first time offender charged with auto theft is 0 to 60 days in jail. Under the current sentencing guidelines, it takes seven convictions for auto theft before an offender faces one year in prison. Even then, the 12 month sentence becomes an actual sentence of eight months, after good time reductions are factored in.

As a policy matter, and as a message to criminals and victims, the "seven strikes you're in" policy is indefensible. It is quite likely one reason that our state's auto theft rate is soaring while the national rate is declining.

IV. A New Message for Car Thieves: Crime Has Consequences

Elevate the Felony to a Class B As a class C felony, the crime of Taking a Motor Vehicle carries a maximum sentence of five years in prison. More significantly, the "C" classification within the Juvenile Justice Act restricts the consequences juveniles face for repeat offenses.

1. Elevating the crime to class B status would put auto theft with these similar crimes that have a B rating:

• Forgery of Motor Vehicle Title
• Burglary 2
• Illegal gambling
• Defrauding an Innkeeper
• Insurance fraud
• Malicious Mischief 1 (over $1500)
• Possession of, or trafficking in, stolen property 1 (over $1500)
• Theft 1 (over $1,500)
• Theft of livestock 1

2. Adult Sentencing

The Sentencing Guidelines provide the framework for periodically reviewing our state's response to crime trends and making necessary adjustments. In the area of auto theft, most often charged as Taking Motor Vehicle Without Permission, (TMVWOP) RCW 9A.56.070, two adjustments are worth considering:

First, the crime is ranked with a seriousness level of I, the lowest on the books. It shares this ranking with forgery, and "second degree" property crimes (malicious mischief , PSP, theft) where the property has a value of over $250 and under $1,500. The average value of a stolen car is more than $5,000 according to FBI statistics. The current seriousness level makes this crime a bargain for the criminal.

One proposal is to increase the seriousness level of the TMVWOP from level I to level II. That would increase the standard range from zero to 60 days up to zero to 90 days. More significantly, it would incrementally increase the sentence for repeat offenders at a faster rate. It would send a message that the cost of doing business for car thieves has just gone up.

The other mechanism to impact sentences for adult car thieves is to score their prior convictions in a way to focus punishment on the chronic offender. As we do with drug dealers, sex offenders, and violent offenders, we could count prior TMVWOP convictions as more than a single point when calculating a current offender score.

If prior convictions were counted as 2 points, and the seriousness level was increased to II, then it would take only three convictions for auto theft to earn a prison sentence, instead of seven convictions, as under present law.

3. Juvenile Sentencing

Like the adult system, the juvenile sentencing grid calculates a sentencing range as a function of a seriousness level assigned to a crime and the offenders prior criminal history. Rather than using Roman numerals, it ascribes a letter to each crime, ranging from A+ to E. TMVWOP is currently a "C" under this system, with the result that it takes five convictions to be sentenced to a state JRA facility. By making the ranking a B, it would take three convictions for taking a motor vehicle to earn a commitment to JRA for a 15 to 36 week sentence.

V. Fiscal Impact

Analysis by the Sentencing Guidelines Commission staff give an indication of what this policy shift would mean for prison and jail population, as well as local juvenile facilities and the JRA. The SGC reports the following facts for FY98:

• There were 625 cases of TMVWOP;
• 205 of those had prior criminal history of at least one TMVWOP;
• Of the 205, 141 (68%) were sentenced to local jail instead of prison;
• SGC staff estimated that an additional 30 inmates per year would be sent to prison instead of jail;
• The fiscal analysis done for HB 1255 shows almost no impact on counties ($53,000 per year)
• There will be a prison impact of about 150 beds in the first year, rising to 290 by the third and fourth years, according to the SGC.

Conclusion

Auto theft is the fastest growing crime in Washington state, growing 14% last year while other property crimes dropped 5% The SRA's 18-year-old valuation of auto theft as the least serious felony on the books has encouraged the growth in the crime and hampered the ability of law enforcement to punish chronic offenders.

The price of cars has grown; so too should the price of stealing them.

Elevating the crime from a C to a B felony, and from a seriousness level I to a II, plus double counting priors for adult offenders would put the proper value on today's auto theft crime. Instead of seven convictions before prison, it would be three for adult offenders.

Instead of five convictions before a JRA commitment, it would be three for juveniles.

It is time to update our policy of tolerance toward auto thieves. This proposal has little impact on the consequences to the first offender but represents a major change with how we punish chronic repeat offenders. After all, professional car thieves deserves the same breaks they give Washington's citizens - none at all.

Return to Beginning of Document

Feb. 16, 1999