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 Tennessee, unauthorized use of a motor vehicle, commonly referred to as joyriding, is addressed under Tennessee Code Annotated (T.C.A.) § 39-14-106. This statute defines the offense as taking another person's automobile, airplane, motorcycle, bicycle, boat, or other motor-propelled vehicle without the owner's consent. The key distinction between joyriding and auto theft (grand theft auto) in Tennessee is the element of intent. For a charge of joyriding, the state does not need to prove that the individual intended to permanently deprive the owner of the vehicle, which is a requirement for a theft charge. Joyriding is considered a lesser offense compared to theft and is typically classified as a misdemeanor, although the exact penalties can vary based on the circumstances of the case and the value of the vehicle used without authorization.