{"jurisdiction": "us-ny", "code": "penal", "section": "165.08", "citation": "Penal Law § 165.08", "heading": "Unauthorized use of a vehicle in the first degree", "text": ["§ 165.08 Unauthorized use of a vehicle in the first degree.", "A person is guilty of unauthorized use of a vehicle in the first degree when knowing that he does not have the consent of the owner, he takes, operates, exercises control over, rides in or otherwise uses a vehicle with the intent to use the same in the course of or the commission of a class A, class B, class C or class D felony or in the immediate flight therefrom. A person who engages in any such conduct without the consent of the owner is presumed to know he does not have such consent.", "Unauthorized use of a vehicle in the first degree is a class D felony."], "official_source": "https://www.nysenate.gov/legislation/laws/PEN/165.08", "from_official_api": true, "plain_english": "A person commits first-degree unauthorized use of a vehicle by **taking, operating, controlling, riding in, or otherwise using a vehicle without the owner’s consent**, knowing consent is absent and intending to use it during—or in immediate flight from—a **class A, B, C, or D felony**. ★ Unauthorized use creates a **presumption of knowledge that consent was absent**. The offense is a **class D felony**.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/165.08", "publisher": "Elyphived LLC"}