2006 New York Code - Unauthorized Use Of A Vehicle In The Third Degree.



 
  § 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 does not have the consent of the owner,  he  takes,
  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 does not have such consent; or
    2.  Having  custody  of  a  vehicle  pursuant  to an agreement between
  himself or another and the owner thereof whereby he  or  another  is  to
  perform  for compensation a specific service for the owner involving the
  maintenance, repair or use of such vehicle,  he  intentionally  uses  or
  operates  the  same,  without  the  consent  of  the  owner, for his 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  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.
    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.

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