Merging PSV and Trafficking

This wikilog article is a draft, it was not published yet.

by: Ryan • November 11, 2013 • no comments

Trafficking in Stolen Vehicles is defined as:

819.310 Trafficking in stolen vehicles; penalty. (1) A person commits the offense of trafficking in stolen vehicles if the person receives or transfers possession of a vehicle which the person knows or has reason to believe has been stolen with intent to obtain, transfer or sell title to the vehicle.

Possession of a Stolen Vehicle is defined as:

819.300 Possession of a stolen vehicle; penalty. (1) A person commits the offense of possession of a stolen vehicle if the person possesses any vehicle which the person knows or has reason to believe has been stolen.

It seems inevitable that those counts merge. After all, every element of possession would seem included in trafficking. Trafficking has additional elements, but if just one count has additional elements, that alone doesn't prohibit merger.

But as we know from St v. Noe, PSV merges into UUV. But do UUV and Trafficking merge? Each has an element the other does not. I guess the question becomes whether it is possible to traffic a vehicle without actually using it. If not, then they merge, under a Barnes theory. If you can traffic without using, then no, they don't.

The relevant definition for UUV is:

164.135 Unauthorized use of a vehicle. (1) A person commits the crime of unauthorized use of a vehicle when:

(a) The person takes, operates, exercises control over, rides in or otherwise uses another’s vehicle, boat or aircraft without consent of the owner;

What do you think? If you receive or transfer possession of a stolen vehicle with the intent to obtain, transfer or sell the title, have you "used" it?