Mich. Comp. Laws » Michigan Compiled Laws / Chapter 750 / Act 328 of 1931
Michigan Compiled Laws

Mich. Comp. Laws § 750.413 (2026)

Motor vehicle; taking possession and driving away.

✓ current as of July 2026
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THE MICHIGAN PENAL CODE


Act 328 of 1931


750.413 Motor vehicle; taking possession and driving away.

Sec. 413.

    Taking possession of and driving away a motor vehicle—Any person who shall, wilfully and without authority, take possession of and drive or take away, and any person who shall assist in or be a party to such taking possession, driving or taking away of any motor vehicle, belonging to another, shall be guilty of a felony, punishable by imprisonment in the state prison for not more than 5 years.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.413

FormerLaw Notes:

    See section 1 of Act 44 of 1907, being CL 1915, § 15430; CL 1929, § 16969; Act 220 of 1917; Act 313 of 1919; and Act 50 of 1927.

Notes of Decisions
Cited in 330 cases (71 in the last 5 years), 1956–2026 · leading case: Spectrum Health Hospitals v. Farm Bureau Mut. Ins Co of Michigan, 492 Mich. 503 (Mich. 2012).
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Spectrum Health Hospitals v. Farm Bureau Mut. Ins Co of Michigan, 492 Mich. 503 (Mich. 2012). · cites it 12× “2 We hold that any person who takes a vehicle contrary to a provision of the Michigan Penal Code2—including MCL 750.413 and MCL 750.414, informally known as the “joyriding” statutes—has taken the vehicle unlawfully for purposes of MCL 500.”
Landon v. Titan Ins., 651 N.W.2d 93 (Mich. Ct. App. 2002). · cites it 15× “Defendant argues that plaintiff violated both these statutory sections and is therefore barred from collecting pip benefits under MCL 500.”
People v. Hendricks, 521 N.W.2d 546 (Mich. 1994). · cites it 10× “645 provides: Any person who shall, wilfully and without authority, take possession of and drive or take away, and any person who shall assist in or be a party to such taking possession, driving or taking away of any motor vehicle, belonging to another, shall be guilty of a…”
Rambin v. Allstate Ins., 825 N.W.2d 95 (Mich. Ct. App. 2012). · cites it 15× “3113 rest [sic] on whether possession violated criminal statutes such as MCL 750.413 [taking possession of and driving away a motor vehicle] or MCL 750.”
Roberts v. Titan Ins. Co.(on Recon.), 764 N.W.2d 304 (Mich. Ct. App. 2009). · cites it 4× “[27] Citing MCL 750.413. [28] Mester, supra at 88 , 596 N.”
People v. Cain, 829 N.W.2d 37 (Mich. Ct. App. 2012). · cites it 3× “529a, unlawfully driving away a motor vehicle (UDAA), MCL 750.413, two counts of receiving and concealing a stolen motor vehicle, MCL 750.”
Allen v. State Farm Mut. Auto. Ins., 708 N.W.2d 131 (Mich. Ct. App. 2005). · cites it 6× “Both MCL 750.413 and MCL 750.414 are generically referred to as "joyriding" offenses.”
People v. Goodchild, 242 N.W.2d 465 (Mich. Ct. App. 1976). · cites it 4× “” Defendant’s pretrial motion in circuit court to quash the amended information as to felony murder 3 was denied on the grounds that intent to permanently deprive another of his property is not an essential element of either larceny or a violation of MCLA 750.413; MSA 28.645.…”
Mohn v. Bock, 208 F. Supp. 2d 796 (E.D. Mich. 2002). · cites it 2× “529 , unlawful driving away an automobile (UDAA), Mich. Comp. Laws § 750.413 , and possession of a firearm while committing a felony (felony firearm), Mich.”
Genesee Prosecutor v. Genesee Circuit Judge, 194 N.W.2d 693 (Mich. 1972). · cites it 4× “1 2On the day the case was to go to jury trial the trial judge, apparently on the basis of a previous discussion with defendant and his counsel, granted defendant’s motion that he be allowed to plead guilty to unlawfully driving away the automobile of another in violation of…”
People v. Perry, 594 N.W.2d 477 (Mich. 1999). · cites it 2× “1055 and the interest of both defendants and prosecutors in seeing that juries do not return unjust verdicts when faced with all-or-nothing choices. However, a tension sometimes exists between this shared interest and the rights of the parties.”
People v. Lerma, 239 N.W.2d 424 (Mich. Ct. App. 1976). · cites it 3× “Defendant, Lawrence Lerma, was convicted by a jury of taking possession and driving away a motor vehicle, contrary to MCLA 750.413; MSA 28.645. 1 Defendant now appeals that conviction as a matter of right.”
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