THE MICHIGAN PENAL CODE
Act 328 of 1931
750.414 Motor vehicle; use without authority but without intent to steal.
Sec. 414.
Any person who takes or uses without authority any motor vehicle without intent to steal the same, or who is a party to such unauthorized taking or using, is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $1,500.00. However, in case of a first offense, the court may reduce the punishment to imprisonment for not more than 3 months or a fine of not more than $500.00. However, this section does not apply to any person or persons employed by the owner of said motor vehicle or anyone else, who, by the nature of his or her employment, has the charge of or the authority to drive said motor vehicle if said motor vehicle is driven or used without the owner's knowledge or consent.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.414 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
FormerLaw Notes:
See section 1 of Act 33 of 1909, being CL 1915, § 15431; and CL 1929, § 16970.
Notes of Decisions
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 500.3113(a). MCL 750.413 sets forth the felony offense of taking possession of and driving away a motor vehicle belonging to another.”
People v. Smith, 378 N.W.2d 384 (Mich. 1985).
· cites it 8× “MCL 750.414, 750.479; MSA 28.646, 28.747.”
Priesman v. Meridian Mut. Ins., 490 N.W.2d 314 (Mich. 1992).
· cites it 8× “[MCL 750.414; MSA 28.646.] The elements of unlawful use of an automobile under this provision are: *71 1) The motor vehicle must have belonged to another.”
Rambin v. Allstate Ins., 825 N.W.2d 95 (Mich. Ct. App. 2012).
· cites it 12× “413 [taking possession of and driving away a motor vehicle] or MCL 750.414 [unauthorized taking or use of a motor vehicle without intent to steal].”
People v. McMillan, 242 N.W.2d 518 (Mich. Ct. App. 1976).
· cites it 6× “MCLA 750.414; MSA 28.646. On the other hand, the crime of issuing a check without an account or credit is labeled a felony although it also carries a possible maximum sentence of two years in the state prison.”
Rambin v. Allstate Ins. Co., 852 N.W.2d 34 (Mich. 2014).
· cites it 82× “In an opinion by Justice ZAHRA, joined by Chief Justice YOUNG and Justices MARKMAN, KELLY, MCCORMACK, and VIVIANO, the Supreme Court, held: MCL 750.414, which prohibits the unlawful taking of a vehicle, is not a strict-liability crime, but contains the mens rea element that the…”
Est. of Peterson v. Brannigan Bros Restaurants & Taverns LLC, 918 N.W.2d 545 (Mich. Ct. App. 2018).
“According to the criminal docket sheet plaintiff herself provided, Smith was convicted of attempted unlawful use of a motor vehicle, MCL 750.414, by a plea on March 31, 2003, and he was sentenced to nine days in jail.”
People v. Bernard Smith, 266 N.W.2d 40 (Mich. Ct. App. 1978).
· cites it 4× “*575 MCLA 750.414; MSA 28.646. On the other hand, the crime of issuing a check without an account or credit is labeled a felony although it also carries a possible maximum sentence of two years in the state prison.”
People v. Laur, 340 N.W.2d 655 (Mich. Ct. App. 1983).
· cites it 4× “Defendant was convicted following a bench trial of using a vehicle without authority but without intent to steal, MCL 750.414; MSA 28.646. He was sentenced to two years probation and appeals as of right.”
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