Delaware Code

11 Del. C. § 853 (2026)

Unauthorized use of a vehicle; class A misdemeanor

✓ current as of May 2026
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A person is guilty of unauthorized use of a vehicle when:

(1) Knowing that the person does not have the consent of the owner the person takes, operates, exercises control over, rides in or otherwise uses a vehicle;

(2) Having custody of a vehicle pursuant to an agreement between the person or another and the owner thereof whereby the person or another is to perform for compensation a specific service for the owner involving the maintenance, repair or use of the vehicle, the person intentionally uses or operates it, without the consent of the owner, for the person’s own purposes in a manner constituting a gross deviation from the agreed purpose;

(3) Having custody of a vehicle pursuant to an agreement with its owner whereby it is to be returned to the owner at a specified time, the person intentionally retains or withholds possession thereof, without the consent of the owner, for so lengthy a period beyond the specified time as to render the retention or possession a gross deviation from the agreement; or

(4) Such person obtains possession or control over a vehicle, knowing of the existence of a creditor or creditors who are entitled to receive payments on a debt where such vehicle is the only security or represents the major portion of the creditor’s security, and such person transfers or purports to transfer the vehicle and responsibility for making payments on such vehicle to a third party, whether or not such third party continues or resumes payment to the creditor or creditors.

Unauthorized use of a vehicle is a class A misdemeanor.

11 Del. C. 1953, §  853;  58 Del. Laws, c. 497, §  167 Del. Laws, c. 130, §  868 Del. Laws, c. 333, §§  1, 270 Del. Laws, c. 186, §  1
Notes of Decisions
Cited in 1 case, 1974–1974 · leading case: United States v. Leland, 376 F. Supp. 1193 (D. Del. 1974).
United States v. Leland, 376 F. Supp. 1193 (D. Del. 1974). “11 Del.C. § 853 makes it unlawful to drive a vehicle without the consent of the owner; 11 Del.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.