S.B. 143

1

PENALTY FOR JOY RIDING
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Pete Suazo
5 AN ACT RELATING TO MOTOR VEHICLES; CHANGING THE PENALTY FOR
6 UNAUTHORIZED CONTROL OVER A MOTOR VEHICLE THAT IS RETURNED
7 WITHIN 24 HOURS TO A THIRD DEGREE FELONY IF THE VEHICLE IS DAMAGED
8 OR USED TO COMMIT A FELONY; AND MAKING TECHNICAL CORRECTIONS.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 41-1a-1314, as enacted by Chapter 1, Laws of Utah 1992
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 41-1a-1314 is amended to read:
14 41-1a-1314. Third degree felony to exercise unauthorized control for extended time.
15 (1) [It] Except as provided in Subsection (3), it is a [third degree felony] class A
16 misdemeanor for a person to exercise unauthorized control over a motor vehicle, trailer, or
17 semitrailer [if the person does not return], not his own, without the consent of the owner or lawful
18 custodian, and with the intent to temporarily deprive the owner or lawful custodian possession of
19 the motor vehicle, trailer, or semitrailer [to the owner or lawful custodian within 24 hours after the
20 exercise of unauthorized control].
21 (2) The consent of the owner or legal custodian of a motor vehicle, trailer, or semitrailer
22 to its control by the actor is not in any case presumed or implied because of the owner's or legal
23 custodian's consent on a previous occasion to the control of the motor vehicle, trailer, or semitrailer
24 by the same or a different person.
25 (3) Violation if this section is a third degree felony if:
26 (a) the person does not return the motor vehicle, trailer, or semitrailer to the owner or
27 lawful custodian within 24 hours after the exercise of unlawful control; or

1 (b) regardless of the mental state or conduct of the person committing the offense:
2 (i) the motor vehicle, trailer, or semitrailer is damaged in an amount of $500 or more;
3 (ii) the motor vehicle, trailer, or semitrailer is used to commit a felony; or
4 (iii) the motor vehicle, trailer, or semitrailer is damaged in any amount to facilitate entry
5 into it or its operation.
6 (4) It is not a defense to Subsection (3)(a) that someone other than the person S , OR AN
6a AGENT OF THE PERSON, s returned the
7 motor vehicle, trailer, or semitrailer within 24 hours.




Legislative Review Note
as of 1-14-97 8:05 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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Text Box

Amend on 2_goldenrod February 11, 1997