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New York Consolidated Laws

N.Y. Penal Law § 165.06 (2026)

Unauthorized use of a vehicle in the second degree

✓ current as of May 2026
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§ 165.06 Unauthorized use of a vehicle in the second degree.
  A person is guilty of unauthorized use of a vehicle in the second
degree when:
  He commits the crime of unauthorized use of a vehicle in the third
degree as defined in subdivision one of section 165.05 of this article
and has been previously convicted of the crime of unauthorized use of a
vehicle in the third degree as defined in subdivision one of section
165.05 or second degree within the preceding ten years.
  Unauthorized use of a vehicle in the second degree is a class E
felony.
Notes of Decisions
Cited in 27 cases (3 in the last 5 years), 1985–2026 · leading case: People v. Rivera, 833 N.E.2d 194 (NY 2005).
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People v. Rivera, 833 N.E.2d 194 (NY 2005). · cites it 2× “Procedural Background A jury convicted defendant of unauthorized use of a vehicle in the second degree, a class E felony (Penal Law § 165.06), which carries a maximum sentence of four years imprisonment (Penal Law § 70.”
People v. Franov, 950 N.E.2d 473 (NY 2011). · cites it 8× “Following his arrest, defendant was indicted for unauthorized use of a vehicle in the second degree (Penal Law § 165.06), criminal mischief in the third degree (Penal Law § 145.”
People v. Smith, 309 A.D.2d 1282 (N.Y. App. Div. 2003). “1, defendant appeals from a judgment convicting him upon his plea of guilty of driving while intoxicated as a class E felony (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c] [i]), aggravated unlicensed operation of a motor vehicle in the second degree (§ 511 [2] [a]) and…”
People v. Terborg, 2021 NY Slip Op 03987 (N.Y. App. Div. 2021). · cites it 3× “Memorandum: On appeal from a judgment convicting him upon a jury verdict of, inter alia, unauthorized use of a vehicle in the second degree (Penal Law § 165.06), defendant contends, as he did in two prior appeals, that Supreme Court (Doyle, J.”
People v. Pennick, 2 A.D.3d 1427 (N.Y. App. Div. 2003). “Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of unauthorized use of a vehicle in the second degree (Penal Law § 165.06). We agree with defendant that his waiver of the right to appeal is unenforceable (see People v Thaxton, 309 AD2d 1255…”
People v. Hudson, 237 A.D.2d 943 (N.Y. App. Div. 1997). “Memorandum: Defendant appeals from a judgment convicting him of unauthorized use of a vehicle in the second degree (Penal Law § 165.06). He contends that County Court improperly admitted a certificate from the New *944 York State Division of Criminal Justice Services comparing…”
People v. Murray, 143 Misc. 2d 509 (N.Y. City Crim. Ct. 1989). “05 (1) was not directed toward the type of innocuous conduct alleged in *513 the information at bar finds support in the recent enactment by the Legislature of unauthorized use of a vehicle in the second degree (Penal Law § 165.06 [added L 1981, ch 602, § 2, amended L 1982, ch…”
People v. Conner, 195 A.D.2d 1078 (N.Y. App. Div. 1993). “Memorandum: The evidence, viewed in the light most favorable to the People (see, People v Contes, 60 NY2d 620, 621 ), is sufficient to support defendant’s conviction of unauthorized use of a motor vehicle in the second degree (Penal Law § 165.06) and criminal possession of…”
In re David M., 133 Misc. 2d 331 (N.Y.C. Fam. Ct. 1986). · cites it 4× “50, criminal possession of stolen property in the first degree, (3) Penal Law § 165.06, unauthorized use of a vehicle in the second degree, and (4) Penal Law § 145.”
People v. Ramjattan, 217 A.D.2d 597 (N.Y. App. Div. 1995). “In addition to the charge of criminal possession of stolen property in the fourth degree, the defendant was indicted for unauthorized use of a vehicle in the second degree, due to a prior conviction for unauthorized use of a vehicle in the third degree, which elevated the…”
People v. Jones, 177 A.D.2d 1000 (N.Y. App. Div. 1991). “Given the lack of identifying information, there is insufficient proof to establish that defendant had been convicted of unauthorized use in the preceding 10 years, as required to convict him of second degree unauthorized use (Penal Law § 165.06). We therefore modify the…”
People v. Allen, 136 Misc. 2d 963 (N.Y. Sup. Ct. 1987). “(Penal Law § 165.06.) The above felony provisions closely resemble that established in section 1802 (a).”
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