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 York, the unauthorized use of a motor vehicle, commonly referred to as 'joyriding,' is addressed under New York Penal Law Section 165.05. This statute makes it a criminal offense to knowingly operate a motor vehicle without the consent of the owner. The key distinction between this crime and auto theft (grand larceny) is the lack of intent to permanently deprive the owner of the vehicle. Unauthorized use is considered a lesser offense because it typically involves temporarily taking or using the vehicle without permission, rather than stealing it with the intent to keep it. Unauthorized use of a motor vehicle in New York is classified as a class A misdemeanor, which can result in penalties including fines, probation, and up to one year in jail. The severity of the punishment may vary based on the circumstances of the offense and the individual's criminal history.