Section 97-17-42 - [Effective 7/1/2024] Larceny; taking possession of or taking away a motor vehicle; second or subsequent offense (1) Any person who shall, willfully and without authority, take possession of or take away a motor vehicle of any value belonging to another, with intent to either permanently or temporarily convert it or to permanently or temporarily deprive the owner of possession or ownership, and any person who knowingly shall aid and abet in the taking possession or taking away of the motor vehicle, shall be guilty of a felony and shall be fined not more than Ten Thousand Dollars ($10,000.00) or imprisoned in the custody of the Department of Corrections for a term not to exceed fifteen (15) years, or both.(2) Any person convicted under this section who causes damage to any motor vehicle shall be ordered by the court to pay restitution to the owner or owners of the motor vehicle or vehicles damaged in the amount of damages caused to the vehicle and reasonable repair costs.(3) This section shall not apply to the enforcement of a security interest in a motor vehicle.(4) Any person who shall be convicted for a second or subsequent offense under this section shall be fined not more than Twenty Thousand Dollars ($20,000.00) or imprisoned in the custody of the Department of Corrections for a term of not less than five (5) years but not to exceed twenty (20) years, or both.(5) Notwithstanding the penalties authorized in subsections (1) and (4) of this section, the penalty for a person convicted of an offense under this section where the motor vehicle was in the possession of a commercial entity in the business of buying, selling, leasing, renting, storing or transporting motor vehicles shall be instead a fine of not more than Twenty Thousand Dollars ($20,000.00) or imprisonment in the custody of the Department of Corrections for a term of not less than ten (10) years but not to exceed thirty (30) years, or both.(6) As used in this section, "motor vehicle" includes every self-propelled device in, upon or by which any person or property is or may be transported or drawn upon a highway and shall also include any and all other land-based, self-propelled devices which are not designed for use upon a highway, including, but not limited to, farm machinery, construction equipment, all-terrain vehicles and off-road vehicles.Laws, 1996, ch. 544, § 1; Laws, 2003, ch. 499, § 2; Laws, 2007, ch. 464, § 1, eff. 7/1/2007.Amended by Laws, 2024, ch. (number not assigned at time of publication), SB 2174,§ 1, eff. 7/1/2024.Amended by Laws, 2014, ch. 457, HB 585, 16, eff. 7/1/2014.This section is set out more than once due to postponed, multiple, or conflicting amendments.