There are important differences between unauthorized use of a motor vehicle (UUMV) and theft. In cases of UUMV, the prosecution is not required to prove that the defendant actually stole the vehicle; it is sufficient to prove that the defendant operated the vehicle without the owner’s consent.
Conversely, in a motor vehicle theft case, it must be proven that the defendant took the vehicle or assisted in its theft.
Another key difference lies in the penalties associated with each crime. UUMV is classified as a state felony, which carries a maximum sentence of 2 years in state prison. In contrast, theft can be charged as either a state felony or a third-degree felony, depending on the value of the vehicle, with the latter punishable by up to 10 years in prison. This variability allows prosecutors to choose the theft charge in cases involving more valuable vehicles in order to seek harsher penalties.
Auto Theft Defined
Auto theft is defined in Section 3921 of the Pennsylvania Crimes Code and falls under the Theft by Unlawful Taking statute. A person commits this offense by unlawfully taking, removing, or exercising unauthorized control over a vehicle with the intent to permanently deprive the owner of the vehicle. The term “vehicle” includes cars, trucks, SUVs, airplanes, motorboats, and any other motorized vehicle.
This crime is classified as a third-degree felony under Section 3903, which carries potential penalties of up to seven years in prison and fines of up to $15,000.
Understanding Unauthorized Use of a Motor Vehicle
Definition
Unauthorized use of a motor vehicle refers to the act of taking or operating a vehicle without the owner’s consent, but without the intent to permanently deprive the owner of their property. In essence, it involves borrowing or using a vehicle temporarily without authorization.
Elements
To establish unauthorized use of a motor vehicle, prosecutors must prove that the defendant knowingly took or operated the vehicle without permission from the owner or lawful authority. However, they do not need to demonstrate an intent to permanently deprive the owner of their vehicle.
Example
A person borrows a friend’s car without permission and uses it to run errands for a few hours before returning it. While the owner did not authorize the use of the vehicle, the borrower did not intend to keep the vehicle permanently, which distinguishes this from theft.
Understanding Theft
Definition
Unauthorized use of a motor vehicle refers to the act of taking or operating a vehicle without the owner’s consent, but without the intent to permanently deprive the owner of his or her property. In essence, it is the borrowing or temporary use of a vehicle without authorization.
Elements
To prove unauthorized use of a motor vehicle, prosecutors must prove that the defendant knowingly took or operated the vehicle without permission from the owner or lawful authority. However, they do not have to prove an intent to permanently deprive the owner of the vehicle.
Example
An individual breaks into a car parked on the street, hotwires it, and drives away with the intent to sell it for profit or keep it for personal use. In this scenario, the perpetrator not only took the vehicle without permission but also intended to permanently deprive the owner of their property, constituting theft.
Key Differences
- Intent: The key difference between UUMV and theft is the intent of the perpetrator. In UUMV cases, the person may have taken the vehicle without permission, but did not intend to keep it permanently. In theft cases, the intent is to permanently deprive the owner of his or her property.
- Duration of Use: In UUMV cases, the unauthorized use of the vehicle is typically temporary, with the perpetrator returning the vehicle after a period of time. In theft cases, the perpetrator intends to keep the vehicle for an extended period of time or permanently.
- Prosecution: While both crimes are punishable by law, the penalties and legal consequences may vary. UUMV may be treated as a misdemeanor or a lesser offense compared to theft, which is often considered a felony, depending on the value of the property stolen.
Conclusion
Unauthorized use of a motor vehicle and theft are both serious crimes involving the unlawful taking or use of another person’s property. However, the difference lies in the intent of the perpetrator and the duration of the unauthorized use. Understanding these differences is critical for legal purposes and to ensure appropriate prosecution and penalties for each offense.
FAQs
- Can unauthorized use of a motor vehicle be charged as theft? In some cases, the unauthorized use of a motor vehicle can be charged as theft if the perpetrator had the intent to permanently deprive the owner of his or her property. However, it ultimately depends on the circumstances and the evidence presented in court.
- What are the potential penalties for unauthorized use of a motor vehicle? Penalties for unauthorized use of a motor vehicle vary depending on the jurisdiction and the severity of the offense. They may include fines, probation, community service, and in some cases, jail time.
- Is joyriding considered unauthorized use of a motor vehicle? Yes, joyriding, which involves driving a vehicle without permission, is a form of unauthorized use of a motor vehicle. It typically involves temporary use of the vehicle without the intent to permanently deprive the owner.
- Can the owner of a stolen vehicle press charges against the perpetrator? Yes, the owner of a stolen vehicle can file a police report and charge the offender with theft. Legal authorities will then investigate the matter and take appropriate legal action against the perpetrator.
- What should I do if I suspect someone is using my vehicle without permission? If you suspect unauthorized use of your vehicle, you should contact law enforcement immediately and report the incident. Provide them with any relevant information or evidence, such as vehicle descriptions, license plate numbers, and witness statements, to assist in their investigation.
Defend Your Rights with Austin’s Premier Criminal Defense Attorneys
If you are facing legal issues, our experienced criminal defense attorneys at Austin Criminal Defense Attorney are here to fight for your rights and your freedom. We can help you navigate the complexities of your case and develop a defense strategy tailored to your needs. Contact us today at [email protected] for a confidential consultation and take the first step toward securing your future.