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 West Virginia, the unauthorized use of a motor vehicle, often referred to as 'joyriding,' is a criminal offense under West Virginia Code § 17A-8-9. This statute makes it illegal to use or operate any motor vehicle, aircraft, boat, or other motor-propelled vehicle without the consent of the owner or the person authorized to give consent. The key distinction between this crime and auto theft (grand larceny involving a motor vehicle) is the element of intent. For a charge of unauthorized use, 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. Penalties for unauthorized use of a motor vehicle in West Virginia can include fines, imprisonment, or both, depending on the circumstances of the offense and the individual's criminal history. It is important for individuals charged with this offense to consult with an attorney to understand the specific implications of the charge and to receive legal representation.