New York Consolidated Laws

N.Y. Penal Law § 165.05 (2026)

Unauthorized use of a vehicle in the third degree

✓ current as of May 2026

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§ 165.05 Unauthorized use of a vehicle in the third degree.
  A person is guilty of unauthorized use of a vehicle in the third
degree when:
  1. Knowing that he does not have the consent of the owner, he takes,
operates, exercises control over, rides in or otherwise uses a vehicle.
A person who engages in any such conduct without the consent of the
owner is presumed to know that he does not have such consent; or
  2. Having custody of a vehicle pursuant to an agreement between
himself or another and the owner thereof whereby he or another is to
perform for compensation a specific service for the owner involving the
maintenance, repair or use of such vehicle, he intentionally uses or
operates the same, without the consent of the owner, for his own
purposes in a manner constituting a gross deviation from the agreed
purpose; or
  3. Having custody of a vehicle pursuant to an agreement with the owner
thereof whereby such vehicle is to be returned to the owner at a
specified time, he intentionally retains or withholds possession
thereof, without the consent of the owner, for so lengthy a period
beyond the specified time as to render such retention or possession a
gross deviation from the agreement.
  For purposes of this section "a gross deviation from the agreement"
shall consist of, but not be limited to, circumstances wherein a person
who having had custody of a vehicle for a period of fifteen days or less
pursuant to a written agreement retains possession of such vehicle for
at least seven days beyond the period specified in the agreement and
continues such possession for a period of more than two days after
service or refusal of attempted service of a notice in person or by
certified mail at an address indicated in the agreement stating (i) the
date and time at which the vehicle was to have been returned under the
agreement; (ii) that the owner does not consent to the continued
withholding or retaining of such vehicle and demands its return; and
that continued withholding or retaining of the vehicle may constitute a
class A misdemeanor punishable by a fine of up to one thousand dollars
or by a sentence to a term of imprisonment for a period of up to one
year or by both such fine and imprisonment.
  Unauthorized use of a vehicle in the third degree is a class A
misdemeanor.

Notes of Decisions

Cited in 168 cases (19 in the last 5 years), 1978–2026 · leading case: People v. Franov, 950 N.E.2d 473 (NY 2011).

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People v. Franov, 950 N.E.2d 473 (NY 2011). · cites it 34× “06, a person is guilty of second-degree unauthorized use of a vehicle, a class E felony, when he or she commits the crime of third-degree unauthorized use of a vehicle as defined in Penal Law § 165.05 (1) and has been previously convicted of that crime within the preceding 10…”

Matter of Raquel M., 782 N.E.2d 64 (NY 2002). · cites it 3× “The issue here is whether Family Court appropriately applied the statutory presumption that a person who “rides in or otherwise uses a vehicle * * * without the consent of the owner is presumed to know that he does not have such consent” (Penal Law § 165.05 [1]). We conclude…”

People v. Jennings, 69 N.Y.2d 103 (NY 1986). “08) to bring intentional temporary misuse of another’s property within the purview of the criminal law (see, Hechtman, Practice Commentaries, McKinney’s Cons Laws of NY, Book 39, Penal Law § 165.05, p 219; see also, id., § 155.”

People v. Murray, 143 Misc. 2d 509 (N.Y. City Crim. Ct. 1989). · cites it 9× “Defendant herein, charged by information with unauthorized use of a vehicle in the third degree (Penal Law § 165.05 [1]), moves, inter alia, to dismiss the accusatory instrument pursuant to CPL 170.”

In re Yadiel Roque C., 17 A.D.3d 1168 (N.Y. App. Div. 2005). · cites it 2× “Memorandum: Respondent appeals from an order adjudicating him to be a juvenile delinquent based on the finding that he committed an act that, if committed by an adult, would constitute the crime of unauthorized use of a vehicle in the third degree (Penal Law § 165.05 [1]) and…”

In re Raul M., 248 A.D.2d 336 (N.Y. App. Div. 1998). “, 186 AD2d 200, 201 ). However, we reject the presentment agency’s suggestion that, since the evidence would have been sufficient to establish unauthorized use of a vehicle in the third degree (Penal Law § 165.”

In re Raquel M., 291 A.D.2d 155 (N.Y. App. Div. 2002). · cites it 6× “Family Court, pointing to the presumption set forth in Penal Law § 165.05 (1), found that appellant committed acts which if committed by an adult would constitute the crime of unauthorized use of a vehicle in the third degree.”

United States v. Dejesus-concepcion, 607 F.3d 303 (2d Cir. 2010). · cites it 2× “See N.Y. Penal Law §§ 165.05 , 70.15(1). Reckless driving, by contrast, is a misdemeanor and carries with it a maxi *306 mum sentence of only thirty days imprisonment for a first offense.”

United States v. Ruggiero, 824 F. Supp. 379 (S.D.N.Y. 1993). · cites it 2× ““Section 401(4) of the New York Vehicle and Traffic Law requires any motorist to produce, upon demand of a police officer, the registration certificate of the automobile that he is driving---- Failure to produce a valid registration creates a rebuttal presumption of operating an…”

People v. Zanghi, 588 N.E.2d 77 (NY 1991). “45 [5]) and third degree unauthorized use of a vehicle (Penal Law § 165.05 [1]). Following his arraignment, defendant waived a preliminary hearing and was held for Grand Jury action with respect to those charges.”

People v. Cintron, 740 N.E.2d 217 (NY 2000). “Unauthorized use of a vehicle requires the People to prove that the defendant knew that he did not have the owner’s consent to operate the vehicle (Penal Law § 165.05 [1]). On this record, the jury could reasonably conclude from both the direct and the circumstantial evidence…”

Manning v. Brown, 689 N.E.2d 1382 (NY 1997). “Thus, the question in this case is whether plaintiffs injuries were the direct result of her participation in the crime of unauthorized use of a vehicle in the third degree (see, Penal Law § 165.05), and whether the crime is such a serious offense that public policy precludes…”

Show all 168 citing cases →

— N.Y. Penal Law § 165.05(1) — 4 cases

People v. J.B., 2024 NY Slip Op 50529(U) (N.Y. Fam. Ct. 2024).

Lazare v. City of New York (E.D.N.Y 2021).

People v. Demian H., 2026 NY Slip Op 50074(U) (N.Y. Fam. Ct. 2026).

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