Automobile & Motor Vehicle Theft
Theft by Means of Conveyance and Knowingly Riding in an Automobile that is Being Operated
without the Owner's Consent
Joyriding or Unauthorized Use of an Automobile in NJ
The relevant New Jersey Law is contained at N.J.S.A. 2C:20-10(a), 2C:20-10(b), 2C:20-10(c) and 2C:20-10(d) and provides:
a. A person commits a disorderly persons offense if, with purpose to withhold temporarily from the owner, he takes, operates, or exercises control over any means of conveyance, other than a motor vehicle,
without consent of the owner or other person authorized to give consent. "Means of conveyance" includes but is not limited to motor vehicles, bicycles, motorized bicycles, boats, horses, vessels, surfboards, rafts, skimobiles, airplanes, trains, trams and trailers. It is an affirmative defense to prosecution under subsections a., b. and c. of this section that the actor reasonably believed that the owner or any other person authorized to give consent would have consented to the operation had he known of it.
b. A person commits a crime of the fourth degree if, with purpose to withhold temporarily from the owner, he takes, operates or exercises control over a motor vehicle
without the consent of the owner or other person authorized to give consent.
c. A person commits a crime of the third degree if, with purpose to withhold temporarily from the owner, he takes, operates or exercises control over a motor vehicle
without the consent of the owner or other person authorized to give consent and operates the motor vehicle in a manner that creates a risk of injury to any person or a risk of damage to property.
d. A person commits a crime of the fourth degree if he enters and rides in a motor vehicle knowing that the motor vehicle has been taken or is being operated
without the consent of the owner or other person authorized to consent.
A defendant is charged with a violation of N.J.S.A. 2C:20-10 under several circumstances. First, an individual will be charged with a Fourth Degree Offense if he did not intend to permanently deprive the owner of the motor vehicle, but rather
temporarily used it without the owner's consent. The nature of the taking (temporary) is what distinguishes this crime from auto theft. If the defendant is found to have driven the vehicle in a reckless manner during the temporary heist or joyride, then an indictment for the Third Degree Offense may follow. It is important to note that penalties can be imposed upon those who simply ride in the vehicle if they are aware that it is being
operated without the owner's consent. Accordingly, it is not always the takers of the car that get charged with an offense under this theft statute. .
Theft by Unlawful Taking of an Automobile
Where an automobile is taken with the intention of permanently depriving the owner of the vehicle then that charge of theft by unlawful taking, i.e., auto theft shall be filed. The charge of auto theft falls under N.J.S.A. 2C:20-3, New Jersey's Theft by Unlawful Taking Law.
http://www.newjerseycriminallawattorney.com/CM/PropertyCrimes/Autotheftandcarjacking.asp