What is Unauthorized Use of a Motor Vehicle?
Unauthorized use of a motor vehicle is a major criminal violation, but it’s different from grand theft auto. Learn the difference here.
Written by Macy Fouse
Reviewed by Kathleen Flear
If you ever need to borrow someone’s vehicle, make sure you get explicit consent—otherwise, you could be charged with unauthorized use of a motor vehicle.
For the most part, you don’t have to worry about getting charged with unauthorized use of a motor vehicle when you’re borrowing a friend’s vehicle for a short time—but if you’re looking to re-enact your favorite parts of Ferris Bueller’s Day Off by borrowing someone else’s hot rod, you could land in big trouble.
Here to lay out all the details of the crime of unauthorized use of a motor vehicle is
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What is unauthorized use of a motor vehicle?
Unauthorized use of a motor vehicle is exactly what it sounds like, but let’s break down the specifics. Basically, this violation refers to using a motor vehicle without the consent of the owner.
In some states, the crime of unauthorized use of a vehicle can also include using the vehicle longer than the specified time you had permission for or using a vehicle for a purpose other than the owner’s consent. Depending on the state, a “motor vehicle” usually means any motor-propelled vehicle, like automobiles, airplanes, motorcycles, bicycles, and motorboats.
While unauthorized use of a vehicle is against the law in every state, each state law has different definitions and degrees of punishment for these criminal offenses.
What’s the difference between auto theft and unauthorized use of a vehicle?
Taking a vehicle without permission may sound exactly like auto theft, but there are a few important distinctions.
Auto theft implies that the vehicle was taken with the intent to deprive the owner of the vehicle of possession and ownership by keeping the vehicle. Unauthorized use doesn’t include this intent.
In other words, unauthorized use—or “joyriding”—implies the borrower intends to return the person’s vehicle when they’re done with it.
Key Takeaway Vehicle larceny involves someone taking a car with the intention of keeping it, and unauthorized use is just “borrowing” the vehicle without asking.
Consequences of using a vehicle without owner consent
Just like every state has a different definition of what qualifies as unauthorized use, each state’s penal law outlines
different consequences
for the crime. Some states have a blanket punishment for unauthorized use. For example, the Texas Penal Code charges unauthorized use as a state jail felony, which is punishable with up to two years in jail and up to $10,000 in fines.
Other states match their punishment to the severity of the crime. For instance, Ohio criminal law outlines specific circumstances for each penalty level. A standard violation will lead to a misdemeanor of the first degree, while unauthorized use causing damage between $7,500 and $37,500 will be punished with a third-degree felony.
To be charged in most states, the intent to deprive the owner of consent must be proven beyond a reasonable doubt. If you can successfully argue that the owner would have given consent to use their car if they’d known about it, your charges may be dropped.
No matter what state you’re in, if you’re facing charges for the unauthorized use of a vehicle, it’s always best to call a local criminal defense attorney for a free consultation to explore your options. Having a criminal defense lawyer on your side can lead to less severe penalties.
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FAQs
What’s an example of unauthorized use of a vehicle?
The most common example of unauthorized use is joyriding, or taking someone else’s car for a spin just for the thrill of it.
Is unauthorized use a misdemeanor?
It depends on the state and circumstances. For example, it’s a Class A misdemeanor in Arkansas, but it’s a Class C felony in Oregon.
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