Unauthorized use of a vehicle—sometimes called “joyriding”—is a criminal offense in Oklahoma that occurs when someone uses another person’s vehicle without permission. Although it is often viewed as less serious than auto theft, it is still a charge that can lead to jail time, fines, and a permanent criminal record. Understanding how Oklahoma defines unauthorized use can help you know what to expect if you or someone you know is facing this charge.
How Oklahoma Defines Unauthorized Use of a Vehicle
Under 21 O.S. § 1720, unauthorized use happens when a person willfully takes, drives, or uses someone else’s vehicle without consent, but without the intent to permanently deprive the owner of it. This distinction is important: if a person intends to steal the car permanently, the charge becomes auto theft, which carries harsher penalties.
In unauthorized use cases, the vehicle is often returned or abandoned, and the state must show only that the person knew they did not have permission to use it.
Examples of Unauthorized Use in Oklahoma
Courts commonly apply this statute to situations such as:
- Taking a friend or relative’s car without asking, even if you intend to bring it back.
- Using a work vehicle for personal errands when your employer has not permitted it.
- Borrowing a roommate’s or partner’s car after being told “no,” or after losing permission through an argument or separation.
- Keeping someone’s vehicle longer than agreed upon and refusing to return it.
Not every misunderstanding qualifies as a crime. The key question is whether the state can prove you knowingly used the vehicle without consent.
Is Unauthorized Use a Felony or Misdemeanor?
In Oklahoma, unauthorized use of a vehicle is a felony, not a misdemeanor. Penalties can include:
- Up to 2 years in state prison,
- Fines,
- Court costs,
- Restitution if the vehicle was damaged.
Because it is a felony, a conviction can affect employment opportunities, housing, and future legal matters. Even if the incident seems minor, the long-term consequences can be serious.
How Unauthorized Use Differs From Auto Theft
Unauthorized use does not require proof that the person intended to steal the vehicle. The prosecution only needs to show that the vehicle was taken or driven without permission.
Auto theft, by contrast, involves intent to permanently take the vehicle, sell it, or dispose of it. This makes auto theft a more serious offense, often carrying significantly longer prison sentences.
Defending Against an Unauthorized Use Charge
Several defenses may apply, depending on the facts. These cases often turn on whether permission was given or reasonably believed to have been given. For example, if the owner typically allows you to use the vehicle, misunderstanding or miscommunication may be a valid defense. Additionally, the state must prove you acted willfully, meaning accidental or emergency use may not qualify.
Because each case is unique, a thorough review of messages, past usage patterns, witness statements, and the parties’ relationship is often essential.
Tahlequah Criminal Defense Attorneys
If you are facing an unauthorized use of a vehicle charge in Oklahoma, it’s important to act quickly. A skilled defense attorney can examine whether the state can prove lack of consent, evaluate potential defenses, and work to reduce or dismiss the charge. For a free and confidential consultation with one of the Criminal Defense Lawyers at Kania Law – Tahlequah Lawyers, call 539-867-2321. Or follow this link to ask an online legal question.