A man picked up his girlfriend in a car he had stolen. They took turns driving the car around until it ran out of gas and then they abandoned it. Is this statement correct: only the man can be charged with vehicle theft?

• A. Only the man can be charged with vehicle theft
• B. Both are guilty of vehicle theft
• C. The girlfriend cannot be charged with vehicle theft
• D. Neither is guilty of vehicle theft

Answer: (B)

The main concept here is that liability for theft can extend to anyone who knowingly participates in the crime. A vehicle is stolen when someone takes it with the intent to permanently deprive the owner of it. The man clearly commits the theft by taking the car. But the girlfriend isn’t merely a passive bystander—she gets in, takes turns driving, and continues to use the car after it’s stolen. That shows she knowingly participated in the criminal act and shared the intent to deprive the owner of the vehicle.

In most jurisdictions, a person who aids, encourages, or facilitates a crime can be charged as a principal or accomplice, even if they didn’t start the act themselves. So both individuals can be charged with vehicle theft because both knowingly participated in the unlawful taking and use of the car.

If she hadn’t known it was stolen or hadn’t participated in driving, that would be different. But given the situation, both are liable.