Joyriding is taking a car without intending to keep it. In contrast, a person who steals a car (grand theft auto) does not intend to return it to the owner. Usually, auto theft is a more serious crime than joyriding.

For more information on auto theft, see Grand Theft Auto.

Permanent or Temporary

In most states, joyriding (sometimes referred to as unauthorized use of a vehicle) is taking or operating a vehicle without the owner’s consent, and either:

• without the intent to permanently deprive the owner of the vehicle, or
• with the intent to temporarily deprive the owner of the vehicle.

For example, a teenager who sneaks out for the night and takes a parent’s car without permission has committed joyriding. A professional car thief who takes a car and moves it out of the country has committed grand theft auto.

Lesser-Included Offenses

A crime is a lesser–included offense if the crime is composed solely of some, but not all, of the elements of the greater crime, so that it is impossible to commit the greater offense without also committing the lesser. When one crime is a lesser-included offense of another it can impact a criminal trial in several ways, including:

• which instructions are given to the jury
• whether a defendant can be convicted of the lesser crime even if only charged with the greater crime, and
• whether the Double Jeopardy Clause (which prohibits trying someone twice for the same crime and any lesser-included crimes) bars conviction for both crimes.

States disagree on whether joyriding is a lesser-included offense of auto theft. Some states have decided that joyriding is a lesser-included offense of auto theft because a person who joyrides merely lacks the intent to permanently deprive the owner. Other states have decided that the intent to permanently deprive an owner and the intent to temporarily deprive an owner are separate intents and so the crimes are separate. In a state where joyriding is not a lesser-included offense of auto theft, a defendant could conceivably be convicted of both crimes.

Consent as a Defense

A common defense to the charge of joyriding is consent. If the owner of the car permitted the defendant’s use of the car, then there is no crime. Importantly, the fact that the owner has previously permitted the defendant to drive the car is not enough to establish consent. The relevant question, in a prosecution for the crime, is whether the owner consented to the defendant’s use of the car on that particular occasion.

Penalties

Joyriding may be a felony or a misdemeanor. (Auto theft is often, although not always, a felony.) Generally, felonies are punishable by a prison term of one year or more, and misdemeanors are punishable by up to one year in county or local jail (though a few states provide for two- or even three-year terms for misdemeanors). Both felony and misdemeanor convictions may also be punishable by a fine.

A person who takes a joyride and damages the vehicle or other property, or causes injury to people, may be responsible for restitution (paying for damage or medical costs caused by the crime).

Joyriding in Mom’s Car...And an Accident

Insurance follows the car—it will normally insure any driver of the covered car. However, in most states, insurance law excludes automobile insurance coverage for a person who steals a car. But what about mere joyriding? Will Mom’s insurance policy not cover Junior, who takes the car without permission? Seems a bit harsh.

Indeed, and in some states, such as Michigan, a family member who is a joyrider is covered by the insurance policy, even if the owner of the car has forbidden the person to take the vehicle.

For example, in a case in Michigan, the mother’s insurance company was required to pay the hospital bill for injuries sustained by her son who got into a car accident after taking his mother’s car to the store without her permission. (Priesman v. Meridian Mut. Ins. Co., 441 Mich. 60, 490 N.W.2d 314 (1992).)  

Obtaining Legal Assistance

If you are charged with joyriding or auto theft, you should talk to a local criminal defense attorney about your case. An attorney can tell you what you can expect in court and the likely outcome of your case based on the law in your state, the facts of your case, and the local judge and prosecutor. A criminal conviction can have a lasting negative impact on your life and the best way to avoid a criminal conviction is to work with an experienced attorney.

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