It is a criminal offense to use or operate a motor vehicle, boat, airplane, motorcycle, or other motor-propelled vehicle without the consent of the owner or other person authorized to give consent. This crime is generally known as (1) unauthorized use of a motor vehicle, (2) unauthorized use of a vehicle, or (3) joyriding.
The difference between this crime and the crime of theft is that the state does not have to prove a person charged with unauthorized use of a motor vehicle intended to keep the vehicle or permanently deprive the owner of the vehicle.
Laws regarding the unauthorized use of a motor vehicle vary from state to state and are generally found in a state’s statutes—often in the penal or criminal code or the vehicle code.
In Indiana, the unauthorized use of a motor vehicle, often referred to as 'joyriding,' is addressed under Indiana Code 35-43-4-2.5, which defines the offense as 'Unauthorized Control of a Motor Vehicle.' This statute makes it a criminal offense to knowingly or intentionally exert unauthorized control over someone else's motor vehicle, with the intent to deprive the owner of the value or use of the vehicle. It is important to note that, unlike theft, the state does not need to prove the intent to permanently deprive the owner of the vehicle for a charge of unauthorized use. The crime is typically considered a Class A misdemeanor, but can be elevated to a Level 6 felony if the person has a prior unrelated vehicle theft or unauthorized control of a vehicle conviction. The distinction between this crime and vehicle theft lies in the element of intent; theft requires intent to permanently deprive the owner of their property, while unauthorized use does not.