New York statute

N.Y. Penal Law § 165.08 — Unauthorized use of a vehicle in the first degree

Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)

Part of Article 165: Other Offenses Relating to Theft, New York Penal Law.

Criminal charges under this statute

Unauthorized use of a vehicle in the first degree

Full text of N.Y. Penal Law § 165.08

Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.

N.Y. Penal Law § 165.08Primary source, current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)

165.08 Unauthorized use of a vehicle in the first degree. A person is guilty of unauthorized use of a vehicle in the first degree when knowing that he does not have the consent of the owner, he takes, operates, exercises control over, rides in or otherwise uses a vehicle with the intent to use the same in the course of or the commission of a class A, class B, class C or class D felony or in the immediate flight therefrom. A person who engages in any such conduct without the consent of the owner is presumed to know he does not have such consent. Unauthorized use of a vehicle in the first degree is a class D felony.

Official sources

Official OLLS publication (Title download)

Legal terms used in this section

Questions this section answers

What class of felony is unauthorized use of a vehicle in the first degree in New York?

Unauthorized use of a vehicle in the first degree is a Class D Felony in New York under N.Y. Penal Law § 165.08.

Which New York statute covers unauthorized use of a vehicle in the first degree?

Unauthorized use of a vehicle in the first degree is governed by N.Y. Penal Law § 165.08 (Unauthorized use of a vehicle in the first degree).

This reference is informational and is not legal advice.