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When is possessing an AutoProPAD in Michigan illegal?

On Behalf of | Jan 6, 2025 | Criminal Defense

Lawmakers and law enforcement professionals have struggled to keep up with the increasingly sophisticated technology included in today’s vehicles. Despite increased security tools that let people monitor their vehicles remotely from their phones, these newer models can actually be easier to steal than older ones

That’s why Michigan recently became the latest state to pass a law addressing AutoProPADs. These and similar devices are being used to steal individual cars as well as multiple vehicles from dealership lots – creating significant financial losses.

Devices like AutoProPADs let someone program a new key code for a key fob. This makes it quick and easy to access the car and drive it away without breaking into it. Since more and more vehicles are started simply by having a key fob near the ignition rather than by turning a key, it’s been estimated that 80% of auto thefts now involve using an AutoProPAD or other device that programs key fobs.

Possession with intent to steal

The new law makes possession of one of these devices a felony if it can be proven that someone had it with the intent to use it for theft. A conviction carries a five-year prison sentence. That can be doubled if a person is proven to be involved in a theft ring.

Some lawmakers and others opposed to the law argue that proving someone’s intent can be a tricky thing. One lawmaker asked, “Are we getting into a place where people…could be punished for something they haven’t done yet?” He also said he has “concerns over how this law would be implemented in different communities, specifically communities of color.”

Those who support and welcome the law contend that it’s often obvious what someone’s intent is. For example, many people are caught in or near a car with such a device.

AutoProPADs, of course, have legitimate purposes. Locksmiths, for example, use them to aid people who have been locked out of their cars. Some states (although not yet Michigan) require locksmiths, dealerships and others who use the devices legitimately to have a special license to possess them.

Any criminal charge associated with vehicle theft can have serious, long-term consequences. If you or a loved one is facing such a charge, regardless of the circumstances, it’s critical to get sound legal guidance.