State criminal codes and law enforcement approaches State criminal codes address auto theft. About half of states distinguish motor vehicle theft as a felony property crime, while a few designate it as grand theft or larceny. In other states, auto theft can be charged under more general theft criminal statutes. Many states cover unauthorized use of a motor vehicle in criminal law, often with misdemeanor or lower felony penalties. About half the states include in criminal codes failure to return a rented motor vehicle, while others use more general rental theft or theft by conversion provisions, with.