Unauthorized Use of Vehicle: Defined; Punished;

Defense. (a) A person commits a misdemeanor if he operates an automobile, aircraft, motorcycle, motorboat or other motor- propelled vehicle or vessel, or sailboat, without consent of the owner or other person authorized to give consent. (b) It is an affirmative defense to prosecution under this Section that the defendant reasonably believed that the owner or other person authorized to give consent would have consented to the operation had he known of it. SOURCE: G.P.C. § 499b, 499c; M.P.C. § 223.9; *Cal. § 2909 (T.D.3 1969); Cal. § 1020 (1971); Mass. ch. 266, § 22; N.J. 2C:20-10. CROSS-REFERENCES: 16 GCA § 3111 - as grounds for suspension or revocation of license. GC § 23403, Vehicle Code - Taking of a vehicle permanently or temporarily - a felony, repealed. COURT DECISIONS: ?It is clear from the evidence that even if this minor did not actually operate the vehicle, yet there was concert of plan and action proved and established beyond a reasonable doubt. Actual driving by this minor is not necessary, both otherwise having planned and joined in the action, and this minor clearly knew that he was aiding and assisting in the unlawful operation of a vehicle. [See 9 GCA § 4.60]@ People in the interest of Steven Santos, a minor, J.D. Case No. 2-81. For similar finding see People in the interest of Steven Jesse Santos, a minor, J.D. Case No. 17-81. SUPER.CT. 1982 Where facts show that two youths assisted each other in Ahot-wiring@ a vehicle, then one youth was the driver and one a passenger, the youth who was the passenger was equally guilty of violating § 43.65(a) as was the youth who actually drove the vehicle. People in the Interest of C.S.I., JD#50-82. COMMENT: § 43.65 deals with simple joyriding. If the defendant intends to Adeprive@ the owner of the vehicle, as the term is defined in § 43.10, i.e., permanently or for an extended period of time so as to cause the owner to lose a major portion of its value, the defendant would be subject to ordinary theft penalty. This provision will be a lesser included offense within the charge of theft.