In the past several years, a TikTok trend known as the “Kia Challenge” has led to the increased theft of certain Kia and Hyundai car models lacking immobilizer systems.

While some people may try the Kia Challenge to gain social media clout, other offenders may have simply been informed by the challenge about an easy way to steal certain types of cars.

Whatever your motivation may be, if you take someone else’s vehicle without their permission, you could find yourself facing some serious criminal charges and potentially harsh penalties, including steep fines and jail time.

If you’ve been charged with a crime as the result of the Kia Challenge, you should seek legal advice from a trusted criminal defense attorney as soon as possible.

Call Today – 800-834-6434

What is the ‘Kia Challenge?’

The “Kia Challenge” first came to the attention of U.S. law enforcement around 2020, when they started noticing an increase in auto thefts and reckless driving cases specifically involving Kia and Hyundai cars manufactured between 2011 and 2021.

It turned out that the lack of a security device known as an immobilizer switch in some Kia and Hyundai model cars made them particularly easy to steal with the use of some simple and easily accessible equipment. While 96% of other car models manufactured between 2011 and 2021 included an immobilizer chip, only 26% of Kia and Hyundai cars made during those years had the anti-theft device.

The trend of stealing Kia and Hyundai cars by bypassing the ignition took off around 2022, when perpetrators began posting videos of themselves committing the offense on social media sites like TikTok and YouTube. The viral trend, which became known as the “Kia Challenge,” led to an 85% increase in thefts of Kia and Hyundai vehicles in the U.S. from 2021 to 2022, with perpetrators as young as 11 years old committing the social media-inspired thefts.

While the sensationalized Kia Challenge social media content may have made it seem like a fun, almost prank-like activity to some, the activity is highly illegal and can lead to serious criminal charges. The two most common offenses a person might be charged with in California for doing the Kia Challenge are grand theft auto and “joyriding.”

Grand theft auto – California Penal Code 487(d)(1)

In California, taking another person’s vehicle, worth $950 or more, without their permission, with the intent to deprive them of that vehicle is a crime known as grand theft auto. Under Penal Code 487(d)(1), grand theft auto is defined by 5 elements that the prosecutor must prove in order to find you guilty.

Those elements are:

You took a car that was owned by someone other than you;
The car that you took was worth at least $950;
The owner of the car did not give you permission to take it;
You moved the car (any distance) and kept it for some amount of time; and
When you took the car, you either intended to
- Take it away from the owner permanently, or
- Take it away from the owner for a long enough period that they would be significantly deprived of the enjoyment or value of the car.

Grand theft auto is charged in cases where the perpetrator appears to have intended to take a car away from its rightful owner permanently or for a substantial period of time. In cases where a perpetrator takes a car for a short period of time, or a quick spin, they are more likely to be charged with the unlawful taking of a vehicle (a.k.a. “joyriding”).

“Joyriding” (unlawful taking of a vehicle) – California Vehicle Code Section 10851

Under California Vehicle Code Section 10851, the unlawful taking of a vehicle, or “joyriding” as the offense is often called, is defined by the following elements:

You took or drove another person’s car;
The owner of the car did not give you permission to take or drive it; and
When you took the car, you intended to deprive the owner of it for any period of time (no matter how brief)

For example, if you bypass the ignition on your neighbor’s 2015 Kia and take it on a 10-minute drive around the neighborhood before parking it in front of their house again, you would be guilty of the unlawful taking of a vehicle, even though you only drove the vehicle for a short time and did not plan to permanently steal it.

If, however, you took the same car, drove it some distance away, and parked it in another location with no plans to return it to your neighbor, you would likely be charged with grand theft auto.

Potential penalties for the ‘Kia Challenge’

If you’re caught doing the “Kia Challenge” and convicted of a crime, the penalties you face will depend on whether you are charged with grand theft auto or unlawful taking of a vehicle. You may also face harsher penalties if you have prior vehicle theft convictions.

Grand theft auto penalties

Grand theft auto is a “wobbler” offense, which means that it can either be charged as a misdemeanor or a felony, depending on the facts of the case. However, grand theft auto is usually charged as a felony.

When charged as a misdemeanor, grand theft auto penalties may include:

A fine of up to $5,000, and/or
Up to one year in county jail

When charges as a felony, grand theft auto penalties may include:

16 months, 2 years, or 3 years of jail time

Unlawful taking of a vehicle penalties

Like grand theft auto, the unlawful taking of a vehicle is a wobbler offense. However, it is most often charged as a misdemeanor rather than a felony.

When charged as a misdemeanor, the maximum penalties for unlawful taking of a vehicle are:

A fine of up to $5,000, and/or
Up to 1 year in county jail

When charged as a felony, penalties for unlawful taking of a vehicle may include:

A fine of up to $10,000, and/or
16 months, 2 years, or 3 years in county jail

Penalties for prior felony vehicle theft convictions

If you have prior felony vehicle theft convictions on your record, you are likely to face harsher penalties. If your criminal record contains:

One or more prior felony grand theft auto convictions,
One or more prior felony joyriding convictions, or
One or more prior convictions for stealing more than $950 worth of cargo,

Then you may be sentenced with:

A fine of up to $10, and/or
A jail sentence of 2, 3, or 4 years

Other California auto theft offenses related to grand theft auto and the unlawful taking of a vehicle include:

Carjacking – California Penal Code 215(a): Taking a vehicle that doesn’t belong to you with the use of force.
Receiving stolen property – California Penal Code 496(a): Knowingly buying, receiving, selling, or concealing stolen property (such as a stolen vehicle).
Auto burglary – California Penal Code 459 PC: The unlawful entry into a motor vehicle with the intent to commit a felony upon entry

Legal defenses against grand theft auto and joyriding charges

If you’re charged with grand theft auto or joyriding after being caught doing the Kia Challenge, your criminal defense attorney may be able to help you get your charges reduced or even dismissed. Your lawyer will help you decide which legal defense strategies would be best for you based on the facts of your case.

Some of the most common defense strategies used against grand theft auto and/or joyriding charges are:

Lack of intent – If you’re charged with grand theft auto under Penal Code 487 PC, you may be able to have your charges dropped or reduced to the less serious crime of joyriding by proving that you did not intend to steal the vehicle.

Owner’s consent – If the owner of the car consented to you taking or diving it, then you are not guilty of a vehicle theft-related crime. If, for example, a friend allowed you to make a video for TikTok doing a staged version of the Kia Challenge with their car, then you may not be found guilty of either crime.

Claim of right – If you were the owner of the car in question or had reason to believe that it belonged to you, then you can’t be convicted of grand theft auto or joyriding.

False accusations or mistaken identity – False accusations and cases of mistaken identity are all too common. If, for example, if you’ve been falsely identified as the person in an online video doing the Kia Challenge, either by mistake or by someone who wants to get you in trouble, additional evidence or witness testimony may help prove your lack of guilt.

California auto theft defense attorney

Viral social media trends that promote illegal activity, like the Kia Challenge, can lead to tough real world consequences for people who choose to participate.

If you’ve found yourself facing charges of grand theft auto, joyriding, or any California auto theft-related crime, you may be able to avoid penalties like fines or jail time with the help of a skilled criminal defense attorney. Los Angeles-based defense lawyer Robert M. Helfend has over four decades of experience representing clients facing all types of charges, including auto theft crimes.

A passing viral trend doesn’t need to negatively impact the rest of your life. Call today to schedule your free consultation – 800-834-6434.

Published March 8, 2025.