N.Y. Penal Law § 165.05: Unauthorized use of a vehicle in the third degree

§ 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.