Use of a motor vehicle without the owner’s consent is a crime in Massachusetts. According to M.G.L. c. 90, § 24(2)(a),
[W]hoever uses a motor vehicle without authority knowing that such use is unauthorized…shall be punished…
To win a conviction on a “use without authority” charge, the prosecutor must prove three things.
- The defendant used another person’s motor vehicle;
- The owner did not give the defendant permission to use the vehicle; and
- The defendant knew that he was not authorized to use the vehicle.
Each of these elements requires further discussion.
Use of a Motor Vehicle
Most people understand that driving an automobile constitutes “use.” But many people fail to realize that merely being a passenger in a moving car or truck is enough to satisfy the “use” element. As noted in Jury Instruction 5.660,
A person “uses” a motor vehicle within the meaning of the law if he rides in it, either as the driver or as a passenger. It is not necessary that the defendant personally drove or controlled the vehicle, only that he…rode in it while it moved.
Permission/Authority
Permission to use a vehicle may be granted or denied by its owner. Additionally, authorization can be given by “one who in law possesses the right of control ordinarily vested in the owner.” See Commonwealth v. Coleman, 252 Mass. 241, 243.
Knowledge
Finally, the prosecutor must prove that the defendant knew that he did not have permission to use the automobile. Such knowledge can be shown in one of two ways. First, testimony from the vehicle’s owner or controller can establish the defendant’s knowledge. Second, the defendant’s knowledge can be proven by the circumstances of the case. According to the jury instructions,
[Jurors] should consider all of the circumstances, and any reasonable inferences which [they] can draw from the evidence, in determining whether the defendant had actual knowledge that his use of the vehicle was unauthorized.
The same jury instruction notes that
If it has been proved that the defendant was a passenger in the vehicle, that fact alone does not establish that he knew that he was not authorized to use it.
A conviction for use without authority is punishable by
- A fine not less than $50, not more than $500; and/or
- A jail sentence not less than 30 days, not more than 2 years.
The penalties increase for subsequent offenses. Additionally, the RMV will revoke a guilty defendant’s license for one year.
Use without authority is a lesser-included offense of motor-vehicle larceny. However, it is not a lesser included offense of receiving stolen property.