It is a criminal offense to use or operate a motor vehicle, boat, airplane, motorcycle, or other motor-propelled vehicle without the consent of the owner or other person authorized to give consent. This crime is generally known as (1) unauthorized use of a motor vehicle, (2) unauthorized use of a vehicle, or (3) joyriding.
The difference between this crime and the crime of theft is that the state does not have to prove a person charged with unauthorized use of a motor vehicle intended to keep the vehicle or permanently deprive the owner of the vehicle.
Laws regarding the unauthorized use of a motor vehicle vary from state to state and are generally found in a state’s statutes—often in the penal or criminal code or the vehicle code.
In Texas, the unauthorized use of a motor vehicle, often referred to as 'joyriding,' is a criminal offense outlined under Texas Penal Code Section 31.07. This statute makes it illegal to intentionally or knowingly operate another's boat, airplane, or motor-propelled vehicle without the consent of the owner. The key distinction between this crime and vehicle theft (grand theft auto) is that for unauthorized use, the state does not need to prove the intent to permanently deprive the owner of the vehicle. Unauthorized use is considered a state jail felony in Texas, which can result in different penalties including incarceration in a state jail for a term that can range from 180 days to two years and/or a fine of up to $10,000. The severity of the punishment can be influenced by the defendant's criminal history and the circumstances of the offense.
