DOVER – On Thursday, the House unanimously passed bipartisan legislation that would help prevent vehicle theft in Delaware.
Sponsored by Representative Frank Cooke and Senator Darius Brown, House Bill 351 would make it a crime to knowingly manufacture, sell, offer to sell, transfer, or possess a vehicle security circumvention device, or to aid or permit another to use a vehicle security circumvention device.
A vehicle security circumvention device refers to a motor vehicle key programing device, an emulating device, a relay attack device, or any other device, computer program, application, or software designed or used to intercept the signal from the key fob of a motor vehicle, or electronically communicate with a motor vehicle for the purpose of programming or emulating a motor vehicle key fob capable of being used to unlock or start a motor vehicle.
These devices primarily target keyless entry, push-to-start vehicles, which have increased in popularity and production in the last two decades.
“As technology continues to evolve, so does crime, and our laws must evolve with it,” said Rep. Frank Cooke.
“This measure ensures that Delaware is staying ahead of emerging threats, protecting Delaware families and businesses, and making it clear that we will not allow criminals to use advanced technology to target our communities.”
Between 2020 and 2024, motor vehicle thefts increased by 26% in Delaware. Several factors contributed to this spike, including a social media trend encouraging the theft of Kia and Hyundais. By February of 2024, there were already over 70 vehicle thefts or attempted vehicle thefts across New Castle County.
While thefts have decreased on a national level since then, it remains a significant issue in local communities. For example, in January of this year, Delaware State Police issued a community alert to warn residents of the rising number of vehicle thefts from residential driveways, primarily in western Sussex County.
“Car theft is a nationwide problem, and too often, we’re seeing items like key fobs be manipulated for the sole purpose of committing crime,” said Sen. Darius Brown.
“We must work to modernize our laws with the technology of today and ensure we properly penalize people who misuse this technology.”
HB 351 would not apply to those operating with a lawful and reasonable purpose, including law enforcement officers, employees of the National Insurance Crime Bureau, motor vehicle dealers, distributors, manufacturers, and mechanics, locksmiths, and repossession agencies.
If a vehicle security circumvention device is lost or stolen from an authorized individual, they would have to report it to a law enforcement agency within 48 hours.
Violators of HB 351 would face an initial fine between $28.75 and $115, or up to 90 days of imprisonment, or both. For each subsequent offense, a violator would be fined between $115 and $230, or imprisoned for up to 6 months, or both.
HB 351 now heads to the Senate for consideration.
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