What's happening
This bill expands the offense of unauthorized use of a vehicle in the third degree to include entering or remaining in a vehicle without the owner's consent.
Why it matters
Broadens criminal liability. By expanding the offense to include merely entering or staying in a vehicle without the owner's consent (not just taking, operating, or exercising control), the bill could lead to more people being prosecuted for a wider range of conduct—such as sitting in or briefly entering a car without permission.
Potential impact on minor or ambiguous situations. This change might affect cases where someone enters a vehicle without intending to steal or operate it (e.g., seeking shelter, playing a prank, or misunderstanding permission), increasing the risk of misdemeanor charges for actions that previously might not have been prosecuted.
Law enforcement and prosecutorial discretion. The expanded definition gives police and prosecutors greater leeway in charging individuals, which could both deter unauthorized entry and raise concerns about over-criminalization or disparate enforcement, depending on how the law is applied in practice.
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Who cares
Headline styles
Strengthen Unauthorized Vehicle Laws
Plain English, a few words. Used as the page title.
Sponsors
History
- Held for consideration in codes
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Expand Vehicle Use Law
In Senate Committee · Codes · Sponsor Carl L. Marcellino
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3151
2017-2018 Regular Sessions
IN ASSEMBLY
January 27, 2017
Introduced by M. of A. RAIA, PALUMBO, SIMANOWITZ, DiPIETRO, GIGLIO, LALOR, FINCH -- Multi-Sponsored by -- M. of A. BARCLAY, CROUCH, GALEF, GOODELL, McKEVITT, OAKS -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to the offense of unauthorized use of a vehicle in third degree
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 165.05 of the penal law, as amended by chapter 413 of the laws of 1982, is amended to read as follows: § 165.05 Unauthorized use of a vehicle in the third degree.
A person is guilty of unauthorized use of a vehicle in the third degree when:
1. Knowing that he or she does not have the consent of the owner, he or she takes, enters or remains in, operates, exercises control over, rides in or otherwise uses a vehicle. A person who engages in any such conduct without the consent of the owner is presumed to know that he or she does not have such consent; or
2. Having custody of a vehicle pursuant to an agreement between himself or herself or another and the owner thereof whereby he or she or another is to perform for compensation a specific service for the owner involving the maintenance, repair or use of such vehicle, he or she intentionally uses or operates the same, without the consent of the owner, for his or her own purposes in a manner constituting a gross deviation from the agreed purpose; or
3. Having custody of a vehicle pursuant to an agreement with the owner thereof whereby such vehicle is to be returned to the owner at a specified time, he or she intentionally retains or withholds possession thereof, without the consent of the owner, for so lengthy a period beyond the specified time as to render such retention or possession a gross deviation from the agreement.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05855-01-7
A. 3151 2
For purposes of this section "a gross deviation from the agreement" shall consist of, but not be limited to, circumstances wherein a person who having had custody of a vehicle for a period of fifteen days or less pursuant to a written agreement retains possession of such vehicle for at least seven days beyond the period specified in the agreement and continues such possession for a period of more than two days after service or refusal of attempted service of a notice in person or by certified mail at an address indicated in the agreement stating (i) the date and time at which the vehicle was to have been returned under the agreement; (ii) that the owner does not consent to the continued withholding or retaining of such vehicle and demands its return; and that continued withholding or retaining of the vehicle may constitute a class A misdemeanor punishable by a fine of up to one thousand dollars or by a sentence to a term of imprisonment for a period of up to one year or by both such fine and imprisonment.
Unauthorized use of a vehicle in the third degree is a class A misdemeanor.
§ 2. This act shall take effect on the first of November next succeeding the date upon which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.