New York statute

N.Y. Penal Law § 165.05 — Unauthorized use of a vehicle in the third degree

Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)

Part of Article 165: Other Offenses Relating to Theft, New York Penal Law.

Criminal charges under this statute

Unauthorized use of a vehicle in the third degree

Full text of N.Y. Penal Law § 165.05

Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.

N.Y. Penal Law § 165.05Primary source, current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)

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.

Official sources

Official OLLS publication (Title download)

Legal terms used in this section

Questions this section answers

What class of misdemeanor is unauthorized use of a vehicle in the third degree in New York?

Unauthorized use of a vehicle in the third degree is a Class A Misdemeanor in New York under N.Y. Penal Law § 165.05.

Which New York statute covers unauthorized use of a vehicle in the third degree?

Unauthorized use of a vehicle in the third degree is governed by N.Y. Penal Law § 165.05 (Unauthorized use of a vehicle in the third degree).

This reference is informational and is not legal advice.