Both Nevada and federal laws prohibit you from knowingly owning or operating a chop shop. Chop shop operators obtain stolen vehicles or car parts in order to remove their identifying information or sell or dispose of the parts.
Penalties
There is always the possibility that the D.A. will agree to a favorable plea bargain. Otherwise, violating NRS 205.2745 is a category C felony, carrying:
- 1 – 5 years in Nevada State Prison, and
- up to $10,000 (at the judge’s discretion)
In addition, the judge may levy an extra fine of $50,000.
If you are prosecuted in federal court, you face up to 15 years in Federal Prison for a first-time conviction.
Defenses
Depending on the case, a defense attorney can use one or more of the following arguments to fight chop shop allegations:
- You were not an owner or operator
- The business was not a chop shop
- You lacked knowledge that the car was stolen
- You lacked knowledge that the business was a chop shop
- The police committed misconduct
In this article, our Las Vegas criminal defense attorneys discuss:
- 1. Are chop shops illegal in Nevada?
- 2. Can I go to jail?
- 3. How do I fight the charges?
- 4. Can I get the case sealed?
- 5. Can I get deported?
- 6. Related offenses
Operating a chop shop is illegal in Nevada
1. Are chop shops illegal in Nevada?
Yes. Nevada law prohibits you from knowingly owning or running an operation that obtains stolen vehicles (or parts) in order either to:
- obscure or alter the identifying information of the cars or parts, and/or
- sell or dispose of the car or parts1
Sometimes these “chop shops” are in hidden locations not accessible to the general public. Or sometimes chop shops have a legitimate storefront and conduct lawful business during the day while operating the illegal elements in secret or after-hours.
1.1. Federal charges
Operating a chop shop is also a federal crime. You can face charges in both Nevada state and federal courts for the same offense.
Though in practice, you are typically charged in either state or federal court. If all the car parts and customers are located in Nevada, federal prosecutors will probably leave it to state prosecutors to bring charges.2
2. Can I go to jail?
Violating NRS 205.2745 is a category C felony.
Violating NRS 205.2745 is a category C felony, punishable by:
- 1 – 5 years in prison, and
- up to $10,000 (at the judge’s discretion)
Also, the judge may levy an additional fine of $50,000.3
Depending on the case, the D.A. may be amenable to reducing the charge down to
- a lesser offense or
- possibly a dismissal.
2.1. Federal penalties
If you are prosecuted in federal court for operating a chop shop, you face steeper penalties for successive convictions:
| Federal Chop Shop Violation | Penalties |
|---|---|
| 1st conviction |
|
| 2nd or successive conviction |
|
3. How do I fight the charges?
There are several possible defense strategies to fight NRS 205.2745 charges.
There are five common defenses to NRS 205.2745 allegations:
- You were not an owner or operator
- The business was not a chop shop
- You lacked knowledge that the car was stolen
- You lacked knowledge that the business was a chop shop
- The police committed misconduct
Note that it is not a defense to NRS 205.2745 charges that some of the cars and car parts in the business are legally obtained.
3.1. You did not operate the chop shop
NRS 205.2745 pertains only to owners and operators of chop shops. Lower-rung employees such as janitors or secretaries probably should not face prosecution, especially if they had no knowledge of the illegal activity.
3.2. The business does not qualify as a “chop shop”
Nevada law has a very specific definition of what constitutes chop shops. If the defense attorney can show
- that none of the vehicles or parts there were illegally obtained,
- then NRS 205.2745 charges do not apply.
3.3. You had no knowledge that the automobile or parts were stolen
NRS 205.2745 convictions require that you know that the car or car parts were stolen. If you genuinely believed everything was lawfully obtained, then the charge should be dropped.
3.4. You had no knowledge that the business was being used as a chop shop
There have been situations where body shop employees covertly operate a chop shop on the premises without the knowledge of the body shop’s owner. If the prosecution cannot prove
- that the owner knew about the employees’ illegal activity,
- the owner committed no crime.
3.5. The police discovered the chop shop through an unlawful search
Sometimes the police perform an unlawful illegal search and seizure. Perhaps the search warrant is invalid, or the police fail to get a search warrant when necessary.
If the police may have discovered the alleged chop shop through an unlawful search, your attorney should file a motion to suppress any evidence obtained through this unlawful search. If the judge grants the motion, the D.A. may be forced to drop the charges for lack of proof.
A conviction of violating NRS 205.2745 may be sealed 5 years after the case ends.
4. Can I get the case sealed?
A conviction of violating NRS 205.2745 can be sealed no earlier than five (5) years after the case ends.5 If the case gets dismissed, you can petition for a record seal immediately.6
Learn more about how to get a record seal in Nevada.
5. Can I get deported?
Perhaps. The Ninth Circuit recently held that violating California’s chop shop statute — which is similar to Nevada’s — is not deportable as an aggravated felony.7
Though the Tenth Circuit recently held that the crime of knowingly possessing a stolen vehicle — which is frequently prosecuted alongside or instead of operating a chop shop — is deportable as a crime involving moral turpitude.8
Immigration Court is very unpredictable. Therefore, aliens facing any criminal charges should always consult with a Las Vegas law immigration attorney about whether their case threatens their resident status.
An attorney may be able to
- get the case dismissed or
- changed to a charge that is definitely not removable.
6. Related offenses
6.1. Grand Larceny of an Automobile (NRS 205.228)
Grand theft auto is a category C felony, carrying:
- 1 – 5 years in prison, and
- Up to $10,000 in fines (at the judge’s discretion), and
- Restitution
A second offense in five years is a category B felony carrying:
- 1 to 6 years in Nevada State Prison, and
- Up to $5,000 in fines (at the judge’s discretion), and
- Restitution
6.2. Burglary (NRS 205.060)
Burglary is defined as entering a building or vehicle with the intent to commit any of the following offenses inside:
- Petit larceny or grand larceny,
- Assault or battery on any person,
- A felony, or
- Obtaining money or property by false pretenses (only in residential burglary)
Burglary is a felony. The penalties depend on where the burglary took place.
6.3. Possession of Burglary Tools (NRS 205.080)
Possession of burglary tools has two elements:
- You make, repair, or possess an instrument used for the commission of a crime, and
- The circumstances show your intent to use the instrument to commit a crime
Violating NRS 205.080 is a gross misdemeanor, carrying:
- up to 364 days in jail, and/or
- up to $2,000 in fines
6.4. Automobile Insurance Fraud (NRS 686A.2815)
Falsely claiming that a vehicle has been stolen or damaged is car insurance fraud. It is typically punished as a category D felony, carrying:
- 1 – 4 years in prison, and
- $5,000 in fines (at the judge’s discretion)
6.5 Possessing a Stolen Vehicle (NRS 205.273)
Knowingly possessing a stolen vehicle is a category C felony, carrying:
- 1 – 5 years in prison, and
- up to $10,000 in fines, and
- restitution
For further assistance…
Arrested in California? See our article on Vehicle Code 10801 VC as well as Vehicle Code 10802 VC and Vehicle Code 10803 VC.
Arrested in Colorado? See our article on Colorado chop shop laws.
Legal References:
- NRS 205.2745 Owning or operating premises on which illegally obtained motor vehicle is altered, destroyed, disassembled, reassembled or stored for certain purposes; penalties. 1. A person who owns or operates a building or other premises shall not knowingly allow a motor vehicle or part of a motor vehicle that is illegally obtained by theft, fraud or conspiracy to defraud to be altered, destroyed, disassembled, reassembled or stored at the building or premises for the purpose of (a) Defacing, destroying or altering the identity of the motor vehicle or the part of a motor vehicle, including, without limitation, the identification number, to misrepresent the identity of or prevent the identification of the motor vehicle or the part; or(b) Selling or disposing of the motor vehicle or the part of a motor vehicle.2. A person who violates the provisions of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130, and may be further punished by a fine of not more than $50,000.3. As used in this section, “motor vehicle” has the meaning ascribed to it in NRS 482.075.
- 18 U.S.C. § 2322 – Chop shops(a) In General.—(1)Unlawful action.—Any person who knowingly owns, operates, maintains, or controls a chop shop or conducts operations in a chop shop shall be punished by a fine under this title or by imprisonment for not more than 15 years, or both. If a conviction of a person under this paragraph is for a violation committed after the first conviction of such person under this paragraph, the maximum punishment shall be doubled with respect to any fine and imprisonment. (2)Injunctions.—The Attorney General shall, as appropriate, in the case of any person who violates paragraph (1), commence a civil action for permanent or temporary injunction to restrain such violation. (b)Definition.—For purposes of this section, the term “chop shop” means any building, lot, facility, or other structure or premise where one or more persons engage in receiving, concealing, destroying, disassembling, dismantling, reassembling, or storing any passenger motor vehicle or passenger motor vehicle part which has been unlawfully obtained in order to alter, counterfeit, deface, destroy, disguise, falsify, forge, obliterate, or remove the identity, including the vehicle identification number or derivative thereof, of such vehicle or vehicle part and to distribute, sell, or dispose of such vehicle or vehicle part in interstate or foreign commerce.
- NRS 205.2745.
- 18 U.S.C. § 2322.
- NRS 179.245.
- NRS 179.255.
- Carrillo-Jaime v. Holder, 572 F.3d 747 (9th Cir. 2009) (“We hold that a violation of Cal. Veh.Code § 10801 does not categorically qualify as a theft offense under 8 U.S.C. § 1101(a)(43)(G).”).
- De Leon v. Lynch, 808 F.3d 1224 (10th Cir. 2015) (“We affirm the Board’s determination that Mr. Obregon is removable because his conviction for possession of stolen vehicles constitutes a crime involving moral turpitude.”).