Legal Question in Criminal Law in Michigan

stolen vehicle

what is the difference between unauthorized use of a motor vehicle and grand theft auto?


Asked on 1/25/01, 9:36 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: stolen vehicle

Michigan does not have a crime called "grand theft auto". California must, because they use that term on TV cops shows and movies.

But we do have 2 crimes related to what you've asked about: Unlawfully Driving Away of an Automobile (UDAA) and Unlawful Use of a Motor Vehicle (commonly called Joyriding).

UDAA [MCL 750.413] is, basically, car theft: wilfully and without authority, taking possession of and driving or taking away (or assisting in or being a party to such taking possession, driving or taking away) of any motor vehicle belonging to another. Unlike Joyriding, U.D.A.A. requires proof of theft (including an intent to steal --- i.e., permanently depriving the owner of the vehicle's use). It is a Felony carrying up to 5 years in prison.

Joyriding (Unlawful Use of an Automobile) [MCL 750.414] is the taking or using of an automobile without authority, and without the intent to steal. Even if you're not behind the wheel, but you are are a party to such unauthorized taking or using, like being a passenger and you know the driver doesn't have permission to drive the car, you can be guilty of Joyriding. Unlike UDAA, Joyriding does not require proof of an intent to steal. Joyriding is a High Court Misdemeanor, carrying up to 2 years or $1,000.

Technically, Joyriding requires that the driver initially get the vehicle with the owner's permission, but that the driver uses it beyond the scope of the permission. Most prosecutors charge Joyriding, instead, when the person takes the vehicle (even without the driver's knowledge or consent) and does not have an intent to "steal" it --- generally, the defendant drives it for a bit and returns it or abandons it. A common example is when the unlicensed teenager takes the parent's car in the middle of the night.

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Answered on 3/09/01, 8:57 am


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