Sec. 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.
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Link to CJI2d