Joyriding 2C:20-10
Joyriding is also known as the unauthorized use of a motor vehicle. The severity of the penalty for the offense depends on the actions taken by the individual controlling the vehicle.
If an individual takes, operates, or exercises control over a vehicle without the consent of the owner or the person authorized to give consent, the crime is a disorderly persons offense. A disorderly persons offense has a maximum sentence of up to 6 months in jail and a fine up to $1,000. It is an affirmative defense if the individual reasonably believed that the owner or person authorized to given consent would have consented to their act had they known of it.
If an individual takes, operates, or exercises control over a vehicle without the consent of the owner or person authorized to give consent, with the purpose of temporarily withholding the vehicle from the owner, the offense is a crime of the fourth degree. It is also a crime of the fourth degree to enter and ride in a motor vehicle knowing that the vehicle has been taken or is being operated without the consent of the owner or other person authorized to consent. Crimes of the fourth degree have a maximum penalty of up to 18 months in prison and a fine up to $10,000.
If an individual takes the afore-mentioned actions in a manner that would create a risk of injury to any person or a risk of damage to property, it is a crime of the third degree. Crimes of the third degree have a maximum penalty of up to 3 to 5 years in prison and a fine up to $15,000.
New Jersey statutes impose additional fines for joyriding. These fines range between $500 and $1000. The amount of the fine depends on whether the offense is a first-time or subsequent occurrence. An individual’s license may also be suspended or postponed for a period of 1-10 years. The time of the postponement or suspension depends on whether the individual has been convicted of the offense before. If an individual is younger than 17 when they are sentenced, the period of suspension begins when the individual is old enough to get their driver’s license.
Often, when there is an accident, the occupants of a vehicle are accused of using the vehicle without consent. The person who owns or is authorized to consent to the use of the vehicle does not want to be sued by an injured party, nor do they want to have their insurance rates go up.
It is an affirmative defense if the owner or person authorized to give consent to the use of the vehicle gives written or oral consent for the use of their vehicle to the person charged with the offense.
Joyriding differs from auto theft or carjacking. Joyriding involves a temporary taking, in which the individual may not have the intent to permanently deprive the owner or person authorized to give consent of the vehicle of their property.
