Going outside and noticing that your car is gone is many people's worst nightmare. A thousand thoughts might run through your head. Who took it? When did it happen? Will I ever get it back?
One woman says she knew the answers immediately when her car vanished from her parents' driveway after a family dinner one night. Her half-brother had asked to borrow the vehicle, and she'd said no. But the cocky 19-year-old took it anyway, while nobody was looking. When he ignored her calls, the woman phoned the police and reported the car stolen...
Refusing to accept no for an answer, this 19-year-old took his half-sister's car and disappeared for hours
Image credits: Vladdeep / Envato (not the actual photo)
When he ignored her calls, she phoned the cops and had him arrested
Image credits: YuriArcursPeopleimages / Envato (not the actual photo)
Image credits: RS3770967
Be warned! Using someone’s vehicle without their permission is a society/">crime
While the law varies from state to state in America, it is generally considered a crime to use someone's vehicle without their permission. In New York, it carries the potential of jail time and a hefty fine.
"To legally operate another person’s vehicle, consent or permission must be obtained from the owner," explains criminal defense lawyer Julie Rendelman. "Something as straightforward as asking a friend to borrow their truck for a week, but taking two weeks to return it could see charges being brought against you for unauthorized use of a vehicle."
New York Penal Law 165.05 is also known as the “joyriding statute.” It breaks up "unauthorized use of a vehicle" into three categories:
- If a person knows that they don’t have the consent of the owner, but still takes, operates, exercises control over, rides in, or otherwise uses the vehicle
- If a person has been granted lawful possession of the vehicle in order to perform a specific service for the owner – for example, mechanical repairs – but operates the vehicle for their own personal use
- If a person has the owner’s consent to borrow their vehicle and return it at a specified time, but intentionally keeps the vehicle beyond that time limit
According to Rendelman, if a teenager's parents (or, in this case, half-sister) forbid them to use their car, and the teen disobeys and takes it anyway, it's considered a crime. Even if the teenager intends to return the vehicle before anyone finds out. The expert says the same applies if someone takes their car to a mechanic and he/she use the vehicle for personal use while it is in their care.
Image credits: Getty Images / Unsplash (not the actual photo)
"You borrow a car from a friend, and agree to return it within a week. You keep the car for three weeks without seeking permission from your friend," adds the lawyer. "Here you may end up having a charge of unauthorized use of a vehicle being brought against you, as you’ve failed to ask for consent from the vehicle’s owner and broken the agreement you made."
The expert notes that unauthorized use of a vehicle is not the same as vehicle theft and here's why: "In an unauthorized use of a vehicle charge, the defendant may intend to return the motor vehicle to the owner, whereas in a case of theft, a person has no intention of returning it to the owner thereof."
You could face jail time of up to one year, a fine of $1000, or both if found guilty of using someone’s vehicle without their consent. However, if you're caught and found guilty of doing the same again, it'll be worse. "A repeat conviction within ten years of a prior offense is a class E felony, and carries with it a risk of up to five years' jail time. You may also face a fine of up to $5000," warns Rendelman.
North Dakota-based law firm Nilson Brand Law warns that if you’re convicted of unauthorized use of a vehicle by a court in that state, you face a class A misdemeanor.
"The crime carries a maximum prison sentence of one year and a fine of up to $3,000," adds the site. "However, if the vehicle’s retrieval and restoration cost exceeds $1,000, the crime is enhanced to a class C felony. A class C felony conviction carries a maximum five-year prison sentence and a fine of up to $10,000."
Wherever you find yourself, the bottom line is that you should always ask for permission to use another person's vehicle. And if they say no? Well, you've been warned...
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