Committee drops separate ‘unauthorized use’ vehicle offense, advancing repeal to align motor vehicle theft with general theft law

Representative Josh Washak presented House Bill 125 to the Senate Judiciary Committee on Oct. 27, saying the bill would repeal the separate “unauthorized use of a vehicle” statute and allow motor vehicle thefts to be charged under Wyoming’s general theft statutes. “How in the world can stealing your tires and rims be a more serious crime than stealing the entire truck?” Washak asked, illustrating the discrepancy the bill targets.

Washak told the committee the current statute (31-11-102 as codified in the motor vehicle code) treats temporary use or “joyriding” differently from other thefts and can leave prosecutors limited to misdemeanor charges in some motor‑vehicle theft cases. The bill repeals that section and gives prosecutors discretion to charge vehicle theft under the theft statute in title 6.

Alan Thompson, executive director of the Wyoming Association of Sheriffs and Chiefs of Police, told the committee his organization broadly supports the repeal. He said law enforcement often resorts to alternative charges such as property‑damage or other felonies when the vehicle statute’s temporary‑use framing limits prosecution options. Thompson said consolidating vehicle theft under theft statutes would simplify charging decisions and better reflect modern practice.

Committee members asked whether repeal would unduly criminalize pranks or juvenile incidents. Senators noted prosecutorial discretion and juvenile delinquency procedures remain available. Washak said prosecutors have options including deferred prosecution and discretion not to pursue felony charges in minor or mitigating circumstances.

Senators discussed the statute’s long history — a member noted the original law dates from the 1920s — and whether an updated approach should be limited to certain fact patterns. Several senators asked county attorneys or district attorneys for input; Rep. Washak said a county district attorney had testified in the House in support but was not present at the committee session.

The committee voted to “do pass” HB 125; the roll call recorded five ayes and no recorded opposition. The committee recommended the bill be advanced to the full Senate for floor consideration.

Ending: With repeal approved at committee, the proposal will go to the Senate floor; proponents said it aligns vehicle‑theft charging with other property crimes and preserves prosecutorial discretion for minor or juvenile incidents.