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 South Dakota, the unauthorized use of a motor vehicle, commonly referred to as 'joyriding,' is addressed under South Dakota Codified Laws (SDCL). The offense is distinct from vehicle theft in that the state does not need to prove an intent to permanently deprive the owner of the vehicle. Instead, the crime focuses on the unauthorized operation or use of a vehicle without the owner's consent. The relevant statutes typically classify this offense as a misdemeanor or a felony, depending on the circumstances of the unauthorized use, such as the duration of the use and whether any damage was caused to the vehicle. Penalties may include fines, imprisonment, or both. It is important for individuals charged with this offense to consult with an attorney to understand the specific charges and potential defenses available under South Dakota law.