Operating vehicle without owner’s consent.
Any person who shall operate a vehicle, not his own, without the consent of the owner, and with intent temporarily to deprive the owner of his possession of such vehicle, without intent to steal the vehicle, shall be guilty of a misdemeanor, unless the damages caused to the vehicle as a result of a violation of this section exceed one thousand dollars ($1,000) in value, or the value of property taken from the vehicle exceeds one thousand dollars ($1,000), or a combination of the damages caused to the vehicle and the value of property taken exceeds one thousand dollars ($1,000), in which case such person is guilty of a felony. The consent of the owner of a vehicle to its taking or operating shall not in any case be presumed or implied because of such owner’s consent on a previous occasion to the taking or operating of the vehicle by the same or a different person. Any person who assists in, or is a party or accessory to or an accomplice in any unauthorized taking or operation shall also be guilty of a misdemeanor, unless the damages caused to the vehicle as a result of a violation of this section exceed one thousand dollars ($1,000) in value, or the value of property taken from the vehicle exceeds one thousand dollars ($1,000), or a combination of the damages caused to the vehicle and the value of property taken exceeds one thousand dollars ($1,000), in which case such person is guilty of a felony. For the purpose of this section vehicle shall include, but is not limited to vehicles defined in section 49-123, Idaho Code, boats, airplanes, snowmobiles, three and four wheel all-terrain vehicles, hot air balloons, hang gliders, jet skis and motorcycles.
Notes of Decisions
State v. Robert Eugene Stewart, 384 P.3d 999 (Idaho Ct. App. 2016).
· cites it 2× “Pursuant to a plea agreement, Stewart pled guilty to operating a vehicle without the owner’s consent, I.C. § 49-227, and agreed to pay restitution for damages caused when he drove the vehicle through a fence.”
State v. Tomes, 801 P.2d 1303 (Idaho Ct. App. 1990).
· cites it 4× “Idaho Code § 49-227 . Driving vehicle without owner’s consent.”
State v. Doe, 72 P.3d 547 (Idaho Ct. App. 2003).
· cites it 16× “I.C. § 49-227. Doe filed a motion to dismiss, alleging that a bicycle is not a vehicle.”
State v. Denny, 835 P.2d 1374 (Idaho Ct. App. 1992).
· cites it 2× “§ 18-705, a misdemeanor; and one count of operating a vehicle without the owner’s consent, I.C. § 49-227, a misdemeanor. The district court imposed a sentence of five years’ imprisonment with a minimum period of incarceration of two years for the felony DUI.”
State v. Tommy Dale Cole (Idaho Ct. App. 2016).
· cites it 2× “§§ 18-901(b) and 18-905(a), and operating a motor vehicle without the owner’s consent, I.C. § 49-227. Cole appeals, challenging the admission of Cole’s phone statements.”
State v. Francisco J. Vazquez-Guzman (Idaho Ct. App. 2017).
· cites it 2× “Idaho Code §§ 49-227 , 18-8001(5). The district court sentenced Vazquez-Guzman to a unified term of five years with two years determinate, suspended the sentence, and placed Vazquez-Guzman on supervised probation for three years.”
State v. Ryan Scott Fisk (Idaho Ct. App. 2017).
· cites it 2× “Idaho Code §§ 49-227 , 18-112. The district court sentenced Fisk to a unified term of five years with two and one-half years determinate.”
Tommy D. Cole v. State (Idaho Ct. App. 2018).
· cites it 2× “§§ 18-901(b) and 18-905(a), and operating a motor vehicle without the owner’s consent, I.C. § 49-227. State v. Cole, Docket No. 42149 (Ct.”
State v. Jay (Idaho Ct. App. 2018).
· cites it 2× “_______________________________ Before GRATTON, Chief Judge; GUTIERREZ, Judge; and LORELLO, Judge ________________________________________________ PER CURIAM In consolidated cases, Justin Case Jay was found guilty of two counts of grand theft by possession of stolen property,…”
46415 Camargo Jr. v. State (Idaho Ct. App. 2019).
· cites it 2× “FACTUAL AND PROCEDURAL BACKGROUND In July 2016, pursuant to a plea agreement, Camargo pled guilty to felony operating a vehicle without the owner’s consent, Idaho Code § 49-227 . The district court imposed a unified term of three and one-half years with one and one-half years…”
State v. Cornwell (Idaho Ct. App. 2025).
· cites it 2× “The State charged Cornwell with felony operating a vehicle without the owner’s consent, Idaho Code § 49-227 , and misdemeanor failing to notify upon striking fixtures, I.”
State v. Jason Wade Gudgell (Idaho Ct. App. 2012).
· cites it 2× “1 In docket 1 Gudgell also pled guilty to operating a vehicle without the owner’s consent, I.C. § 49-227, and he received a concurrent sentence of 180 days jail.”
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