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 New Mexico, unauthorized use of a motor vehicle, often referred to as 'unlawful taking of a motor vehicle' or 'joyriding,' is a distinct criminal offense from theft or grand theft auto. Under New Mexico Statutes Annotated (NMSA) 1978, Section 66-3-504, it is illegal to take or use a motor vehicle without the permission of the owner or the person authorized to give consent. The key difference between this crime and theft is that for unauthorized use, the state does not need to prove the intent to permanently deprive the owner of the vehicle. This means that even if the individual intends to return the vehicle, they can still be charged with unauthorized use if they operated the vehicle without proper consent. Penalties for unauthorized use of a motor vehicle in New Mexico can include fines, imprisonment, or both, and the severity of the punishment can vary based on the circumstances of the offense and the individual's criminal history.