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 Michigan, the unauthorized use of a motor vehicle, often referred to as 'joyriding,' is addressed under Michigan Penal Code (MCL 750.414). This statute makes it a criminal offense to willfully and without authority take possession of and drive away an automobile or motor vehicle belonging to another, even if the intent to permanently deprive the owner of the vehicle is not present. The key distinction between joyriding and auto theft (MCL 750.413) in Michigan is the element of intent. For a charge of auto theft, the prosecution must prove that the accused intended to steal the vehicle, meaning there was an intent to permanently deprive the owner of it. For joyriding, the temporary use or enjoyment of the vehicle without permission is sufficient for the offense. Penalties for joyriding can include imprisonment, fines, or both, and the severity of the punishment can vary based on the circumstances of the offense and the individual's criminal history.