7.732 — ENGAGING IN AN ILLEGAL MOTOR VEHICLE CONTEST

Violations of "Statute 7.732" results in an Class E Misdemeanor

---

(a) Definitions

Engaging in an illegal motor vehicle contest refers to participating in a race or competition between motor vehicles on public roads or highways without authorization, where the primary intent is to outpace or outperform another vehicle, often in a dangerous or reckless manner.

(b) Elements

To establish the offense of engaging in an illegal motor vehicle contest, the prosecution must prove beyond a reasonable doubt the following elements:

• The defendant knowingly participated in a race or competition between vehicles.

• The race occurred on a public road, highway, or any area not designated for racing.

• The defendant’s actions posed a significant risk to public safety, other vehicles, or pedestrians.

• The race was held without any proper authorization or safety measures in place.

(c) Defenses

Defenses against a charge of engaging in an illegal motor vehicle contest may include:

• The defendant was not actively participating in the race, but merely a spectator.

• The event was not a race, but rather an unintentional acceleration or competitive driving maneuver.

• The defendant was unaware that the event was a race, and there was no intent to engage in racing activity.

• The defendant was coerced or under duress to participate.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

• The race resulted in significant danger to public safety, such as collisions, injuries, or property damage.

• The defendant has a prior history of similar offenses or reckless driving.

• The defendant was operating a high-performance or modified vehicle designed for street racing purposes.

• The race took place in a highly populated or congested area, further increasing the risk of harm.