Many cars don’t require turning a key in the ignition to start them. They start with a simple push of a button as long as the key fob is nearby. That can make them easy to steal – with the right equipment.
Some new Michigan laws are aimed at curbing the use of this equipment, such as AutoProPADs and similar devices that allow new key codes to be programmed. These devices have legitimate uses. For example, locksmiths use them to program new key fobs in just seconds for owners who have lost theirs.
One police sergeant estimates that as many as 80% of the vehicle thefts he investigates involve the use of an AutoProPAD. Sometimes, groups steal multiple vehicles using AutoProPADs from dealership parking lots. Other times, a lone vehicle is stolen.
The new laws make the possession of an AutoProPAD or similar computerized device with the intent to use it to steal a vehicle a felony that can carry a five-year prison sentence. That can rise to ten years if the person found in possession of a device can be shown to be part of a group or criminal organization planning to steal vehicles.
How is “intent” proven?
One state representative who voted against the legislation expressed reservations about “legislating intent” vs. “actual action.” He said, “I have just concerns over how this law would be implemented in different communities, specifically communities of color.” He added, “Are we getting into a place where people…could be punished for something they haven’t done yet?”
One of the legislation’s co-sponsors, however, explained that the laws would apply “if somebody’s in the driver’s seat using it to steal or something, or gets caught with it. That’s very important so we’re not going after people needlessly.”
Of course, there is no doubt room for error on the part of law enforcement or at least the inability to prove that someone intended to use an AutoProPAD device to steal a vehicle. That’s where having experienced legal guidance when facing such a charge can make all the difference.