Except in situations where 18 U.S.C. § 5001 (surrender of youthful offenders to State authorities) is to be utilized or there are indications that organized ring activity may be involved, Federal process should not be filed against an individual, regardless of local prosecutive decisions, in the following instances where a stolen motor vehicle has been transported in interstate or foreign commerce:
- A. Cases involving joy-riding;
- B. Cases in which the individual to be charged is a juvenile (i.e., under 18 years of age); and
- C. Cases in which the individual to be charged is at least 18 but less than 21 years of age and cannot be defined as a recidivist. A "recidivist" for purposes of this policy is a person who has on at least two prior occasions been arrested for motor vehicle thefts and on one or more occasions has been convicted for motor vehicle theft or another criminal offense.
[cited in JM 9-61.112]