New York Penal Law § 165.06 – Unauthorized Use of a Vehicle in the Second Degree

Unauthorized Use of a Vehicle in the Second Degree is a law that imposes increased penalties on those who have a prior conviction for Unauthorized Use of a Vehicle in the Second or Third Degree within the past ten years and are convicted of the same crime again. Unauthorized Use of a Vehicle in the 2nd Degree is a Class E felony.

Before a judge or jury can convict anyone of a crime, including Unauthorized Use of a Vehicle in the Second Degree, the government must prove every element of the crime beyond a reasonable doubt. In this case, the elements are fairly straightforward:

1. The defendant violated New York Penal Law § 165.05, subdivision (1), which is often referred to as joyriding; and
2. The defendant had a prior conviction under either New York Penal Law § 165.5, subdivision (1) or New York Penal Law § 165.6 within the past ten years.

For completeness, the elements of New York Penal Law § 165.05, subdivision (1) are:

1. The defendant exercised control over another’s vehicle, including by driving or riding in as a passenger, without the owner’s permission; and
2. The defendant knew that they did not have the owner’s consent.

Examples of Unauthorized Use of a Vehicle in the Second Degree include the following:

• A teenager takes his step-father's vehicle and is adjudicated under New York Penal Law § 165.05, subdivision (1), and then is convicted of the same crime three years later.
• A defendant has a conviction for Unauthorized Use of a Vehicle in the Second Degree and is convicted of the same nine years later.

Often, prosecutors bring Unauthorized Use of a Vehicle in the Second Degree charges along with one or more of the following:

• Unauthorized Use of a Vehicle in the Third Degree – NY Penal Law § 165.06
• Unauthorized Use of a Vehicle in the First Degree – NY Penal Law § 165.08
• Criminal Possession of Stolen Property in the Fifth Degree – NY Penal Law § 165.40
• Criminal Possession of Stolen Property in the Fourth Degree – NY Penal Law § 165.45
• Criminal Possession of Stolen Property in the Third Degree – NY Penal Law § 165.50
• Criminal Possession of Stolen Property in the Second Degree – NY Penal Law § 165.55
• Grand Larceny in the Third Degree – NY Penal Law § 155.35
• Grand Larceny in the Second Degree – NY Penal Law § 155.40
• Misapplication of Property – NY Penal Law § 165.00

There are several defenses to the Unauthorized Use of a Vehicle in the Second Degree. Due to the similarity between this offense and Unauthorized Use of a Vehicle in the Third Degree, the defenses are identical and include the following:

• You did not take the vehicle and did not know that you didn’t have permission to use it.
• You had the vehicle owner’s permission.
• You honestly thought you had the owner’s permission.
• Your prior conviction for Unauthorized Use of a Vehicle in the Third Degree was more than ten years ago.

Unauthorized Use of a Vehicle in the Second Degree is a Class E felony. In New York, Class E felony convictions carry a maximum sentence of up to four years in jail and a fine of up to $5,000.

If you were recently arrested for Unauthorized Use of a Vehicle in the Third Degree, if you have a prior conviction for the same within the past ten years, you’ll have a felony on your record if you get convicted. At Tilem & Associates, P.C., our skilled New York criminal defense lawyers have decades of experience defending the rights of clients who have been charged with all types of vehicle offenses, including Unauthorized Use of a Vehicle in the Second Degree. We are immediately available to meet with you to get started working on a compelling defense to the charges you face. To learn more, and to schedule a free consultation today, call 877-377-8666. You can also reach us through our online contact form.