Penal Law § 165.05

Unauthorized use of a vehicle in the third degree · as in force on May 31, 2026

§ 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 sourcehttps://www.nysenate.gov/legislation/laws/PEN/165.05

In plain English

A person commits third-degree unauthorized use of a vehicle by:

(1) taking, operating, exercising control over, riding in, or otherwise using a vehicle, knowing the owner has not consented; anyone who does so without consent is presumed to know consent is lacking; ★
(2) while having custody under an agreement for the owner to have the vehicle maintained, repaired, or used for compensation, intentionally using or operating it for personal purposes without consent in a gross deviation from the agreed purpose; or
(3) while having custody under an agreement to return it at a specified time, intentionally keeping it without consent so long past that time that it is a gross deviation from the agreement.

A "gross deviation from the agreement" includes, but is not limited to, a person who had custody for 15 days or less under a written agreement, keeps the vehicle at least 7 days past the agreed period, and keeps it more than 2 days after service (or refused attempted service) of a notice in person or by certified mail at an address in the agreement. The notice must state the date and time the vehicle was due back, that the owner does not consent and demands its return, and that continued withholding may be a class A misdemeanor punishable by up to $1,000, up to 1 year in jail, or both. ★

The offense is a class A misdemeanor.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.