common-law trespassing
What crime am I comitting hot wiring a unprotected vehicle on a public area
<p>Consider the following: On a construction site on a public road without any sort of barrier a very old dumper is sitting. It has absolutely no protection like requring an rfid chip from the key to be nearby to get started. The starter solenoid is freely accessible without any modification to the machine.</p>
<p>I am jump starting the motor by simply putting a screw driver to the solenoid contacts. The engine starts, I drive around for a couple of minutes. I then put some diesel back into the tank.</p>
<p>What crime would I be charged with? And if the answer is not &quot;none&quot; what is the difference to lets say someone installing a slide on public property and me using it?</p>

<p><a href="/questions/tagged/colorado" class="post-tag" title="show questions tagged &#39;colorado&#39;" aria-label="show questions tagged &#39;colorado&#39;" rel="tag" aria-labelledby="tag-colorado-tooltip-container">colorado</a></p>
<p>You have committed <a href="https://law.justia.com/codes/colorado/2022/title-18/article-4/part-4/section-18-4-409/" rel="nofollow noreferrer">aggravated motor vehicle theft in the second degree</a> in violation of CRS 18-4-409(4):</p>
<blockquote>
<p>A person commits aggravated motor vehicle theft in the second degree if he or she knowingly obtains or exercises control over the motor vehicle of another without authorization or by threat or deception and if none of the aggravating factors in subsection (2) of this section are present.</p>
</blockquote>
<p>If the  value of the vehicle was less than $2000, then this is a Class 1 misdemeanor and is <a href="https://leg.colorado.gov/publications/overview-colorados-sentencing-scheme" rel="nofollow noreferrer">punishable</a> by 6 to 18 months imprisonment and/or a fine of $500 to $5000.</p>
<p>Colorado's <a href="https://law.justia.com/codes/colorado/2022/title-18/article-4/part-4/section-18-4-401/" rel="nofollow noreferrer">general theft statute (CRS 18-4-401)</a> requires an additional element, that you intend to permanently deprive the rightful owner of the benefit of the property.  So your slide example is not theft.  However, they specifically excluded such a requirement from the motor vehicle theft statute.</p>
<p>If you drove it on a public road, then you may have committed a few traffic violations as well:</p>
<ul>
<li><p>The vehicle's registration is presumably expired, so you violated <a href="https://law.justia.com/codes/colorado/2022/title-42/article-3/part-1/section-42-3-121/" rel="nofollow noreferrer">CRS 42-3-121(1)(a)</a>.</p>
</li>
<li><p>If any of its required safety equipment is not working (all lights and signals, brakes, mirrors, horn, seat belts, etc, as well as a muffler) then you are in violation of <a href="https://law.justia.com/codes/colorado/2022/title-42/article-4/part-2/section-42-4-202/" rel="nofollow noreferrer">CRS 42-4-202(1)</a>.</p>
</li>
<li><p>The vehicle is presumably not insured, so you violated <a href="https://law.justia.com/codes/colorado/2022/title-42/article-4/part-14/section-42-4-1409/" rel="nofollow noreferrer">42-4-1409(2)</a>.  You might think your own auto insurance policy covers you when you drive another vehicle, but if it's like my policy, this clause only applies when you drive it &quot;with the express or implied permission of the owner, and within the scope of that permission&quot;.</p>
</li>
<li><p>If the dump truck has a gross vehicle weight rating (GVWR) over 26,000 pounds, then it is a commercial motor vehicle under <a href="https://law.justia.com/codes/colorado/2022/title-42/article-2/part-4/section-42-2-402/" rel="nofollow noreferrer">CRS 42-2-402(4)(a)(I)</a>, and under <a href="https://law.justia.com/codes/colorado/2022/title-42/article-2/part-4/section-42-2-402/" rel="nofollow noreferrer">42-2-404(1)</a> you need a commercial driver's license to operate it, which you presumably don't have.  (Note that GVWR is the maximum weight, <em>including load</em>, at which it is rated, whether or not it is currently loaded.)</p>
</li>
</ul>

<h2><a href="https://legislation.nsw.gov.au/view/html/inforce/current/act-1900-040#sec.117" rel="nofollow noreferrer">Larceny</a>, <a href="https://legislation.nsw.gov.au/view/html/inforce/current/act-1900-040#sec.154F" rel="nofollow noreferrer">Stealing motor vehicle, vessel, or trailer</a>, and/or <a href="https://legislation.nsw.gov.au/view/html/inforce/current/act-1900-040#sec.154A" rel="nofollow noreferrer">Taking a conveyance without the consent of the owner</a></h2>
<p>The last is a specific subset of larceny, which removes the element of intent to permanently deprive the owner of it. The 2nd offence is an aggravated form of the first offence and carries twice the maximum penalty - 10 years instead of 5.</p>
<p>Assuming the facts stated are known to the prosecutor, they would probably opt for the last offence as it's the easiest to prove. The elements are you:</p>
<ul>
<li>don't have the consent of the owner (check),</li>
<li>took it (check),</li>
<li>drove it (check).</li>
</ul>

<p><a href="/questions/tagged/canada" class="post-tag" title="show questions tagged &#39;canada&#39;" aria-label="show questions tagged &#39;canada&#39;" rel="tag" aria-labelledby="tag-canada-tooltip-container">canada</a></p>
<p>Assuming the owner did not consent, the acts you describe would make out the offence of <em>theft</em> (<em>Criminal Code</em>, <a href="https://laws-lois.justice.gc.ca/eng/acts/c-46/page-46.html#h-121703" rel="nofollow noreferrer">s. 322</a>) or <em>taking motor vehicle without consent</em> (joyriding) (<em>Criminal Code</em>, <a href="https://laws-lois.justice.gc.ca/eng/acts/c-46/page-47.html#h-121811" rel="nofollow noreferrer">s. 335</a>), depending on the intent of the accused.</p>
<h3>Theft</h3>
<p>Theft has several forms, but the scenario you describe would be caught by the phrasing, &quot;Every one commits theft who fraudulently<sup>1</sup> and without colour of right... converts to his use... anything... with intent to deprive, temporarily or absolutely, the owner of it.&quot; The theft occurs when the taker moves the thing or causes it to move or be moved, or begins to cause it to become movable.</p>
<h3>Taking motor vehicle (&quot;joyriding&quot;)</h3>
<p>The <em>taking motor vehicle without consent</em> offence (colloquially, &quot;joyriding&quot;) is even broader, capturing conduct that was not necessarily done with the intent to <em>deprive</em>, because sometimes this aspect of theft is difficult to prove. For joyriding, it is enough that the accused had the intent to <em>drive</em> the vehicle, knowing (or being wilfully blind) that it was taken without the consent of the owner.</p>
<blockquote>
<p>... every one who, without the consent of the owner, takes a motor vehicle or vessel with intent to drive, use, navigate or operate it or cause it to be driven, used, navigated or operated, or is an occupant of a motor vehicle or vessel knowing that it was taken without the consent of the owner, is guilty of an offence punishable on summary conviction.</p>
</blockquote>
<h3>The distinction</h3>
<p>To clarify the distinction, the Supreme Court of Canada has said (<em>Lafrance v. R.</em> [1975] 2 S.C.R. 201):</p>
<blockquote>
<p>the distinction between the two offences lies in the difference that characterizes the intent of the taker which, in the case of theft, is to convert, permanently or temporarily, the property of another in a motor vehicle—or in any other thing—to the use of the taker and which, in the case of the offence under s. 281 [now s. 335], is merely to drive a motor vehicle or cause it to be driven.</p>
</blockquote>
<h3>Using a slide isn't theft or joyriding</h3>
<p>Using a slide would not be captured by the above offences.</p>
<hr />
<p><sup>1. &quot;Fraudulently&quot; in this context means with knowledge that the thing taken is the property of another person or being wilfully blind to that fact.</sup></p>

<p>As you omitted a jurisdiction some generic possibilities :</p>
<blockquote>
<p><em>What crime would I be charged with?</em></p>
</blockquote>
<ul>
<li><p>Theft - regardless of whether the vehicle is secured or not.  E.g. If I don't lock my car that doesn't translate into giving other people permission to take it.</p>
</li>
<li><p>Possibly driving an untaxed vehicle</p>
</li>
<li><p>Likely driving uninsured because I can't imagine an insurance policy that could cover you as they typically have all sorts of clauses that void this kind of thing.  You typically need the owner's explicit consent to drive a vehicle as a minimum and someone had better have insurance covering someone other that the owner driving.</p>
</li>
<li><p>Possibly driving unlicensed.</p>
</li>
<li><p>Possibly driving an unsafe vehicle (do you know it's safe to drive when you drive it away ?).</p>
</li>
<li><p>Abandoning a vehicle.  You parked it last.</p>
</li>
<li><p>Possibly failing to report a crime (e.g. the vehicle could have been stolen in the first place).</p>
</li>
<li><p>Maybe illegal parking.</p>
</li>
<li><p>Potentially interfering with evidence, as the vehicle could have been the location of a crime or a getaway vehicle.  If it was previously stolen you've likely messed up evidence of the criminals (like finger prints).</p>
</li>
<li><p>Potentially going equipped to steal (screwdriver and whatever else you used to hot wire or gain entry).</p>
</li>
</ul>
<p>There's practically no end to the list of potential offenses your generic scenario <em>might</em> be breaking.  All you need to do is annoy a police officer or a prosecutor and they'll get very busy looking for things you've done wrong.</p>
<p>You also, incidentally, opened yourself up to claims by the true owner that you took their vehicle without permission (civil claim) or damaged it (civil claim) or, again, any range of claims.  Insurance companies could sue you.</p>
<blockquote>
<p>what is the difference to lets say someone installing a slide on public property and me using it?</p>
</blockquote>
<p>Firstly the person installing had better have had permission to do that or they're potentially in trouble.  A slide is problematic as it's a device that attracts children to use and, yes, there are typically a slew of regulations about what constitutes a safe slide for public use.</p>
<p>As for you using the slide, I know of at least two public parks in my area where the slides are posted for use by children only.  However breaking these rules would be breaking <em>by-laws</em> normally and not unlikely to become a felony issue unless you did something really daft like use it while under a court order not to.</p>
<p>The difference between this and the dumper is that :</p>
<ul>
<li>You did not take possession of the slide, you did take possession of the dumper.  Using the slide is not taking possession.</li>
<li>There would be no licenses or tax required to use the slide, whereas the dumper will have multiple requirements.</li>
<li>You do not need to have valid insurance to use a slide, but a vehicle does require valid insurance, usually tied into to ownership, permission and license.</li>
<li>You did not use any tool to activate the device - a slide, whereas you used tools to start the vehicle.  And again there's that &quot;going equipped to steal&quot; thing which does not apply to the slide because you did not take it and used no tools to access it.</li>
</ul>

<p><a href="/questions/tagged/germany" class="post-tag" title="show questions tagged &#39;germany&#39;" aria-label="show questions tagged &#39;germany&#39;" rel="tag" aria-labelledby="tag-germany-tooltip-container">germany</a> and <a href="/questions/tagged/washington" class="post-tag" title="show questions tagged &#39;washington&#39;" aria-label="show questions tagged &#39;washington&#39;" rel="tag" aria-labelledby="tag-washington-tooltip-container">washington</a></p>
<p>Since you just use the vehicle for a while, this is not theft in Germany, or Washington as a representative of US law. In Germany, this is <a href="https://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html#p2361" rel="nofollow noreferrer">unlawful taking of a motor-vehicle or bicycle</a>:</p>
<blockquote>
<p>(1) Whosoever uses a motor-vehicle or a bicycle against the will of
the person authorised to use it shall be liable to imprisonment not
exceeding three years or a fine unless the act is subject to a more
severe penalty under other provisions.</p>
<p>(2) The attempt shall be punishable</p>
</blockquote>
<p>However if you permanently take it away, that is <a href="https://www.lewik.org/term/15761/theft-section-242-german-criminal-code/" rel="nofollow noreferrer">theft</a>:</p>
<blockquote>
<p>Whosoever takes chattels belonging to another away from another with
the intention of unlawfully appropriating them for himself or a third
person shall be liable to imprisonment not exceeding five years or a
fine.</p>
</blockquote>
<p>In <a href="https://app.leg.wa.gov/rcw/default.aspx?cite=9A.56.075" rel="nofollow noreferrer">Washington</a></p>
<blockquote>
<p>A person is guilty of taking a motor vehicle without permission in the
second degree if he or she, without the permission of the owner or
person entitled to possession, intentionally takes or drives away any
automobile or motor vehicle, whether propelled by steam, electricity,
or internal combustion engine, that is the property of another, or he
or she voluntarily rides in or upon the automobile or motor vehicle
with knowledge of the fact that the automobile or motor vehicle was
unlawfully taken</p>
</blockquote>
<p>which is a class C felony, but if you <a href="https://app.leg.wa.gov/RCW/default.aspx?cite=9A.56.065" rel="nofollow noreferrer">actually steal it</a>, it is a more serious class B felony. (There is also &quot;joyriding with apparent intent to sell it, which for some reason is not subsumed under standard vehicle theft).
In Washington (and many US states), vehicle theft is distinct from ordinary theft. In the case of non-vehicles, there are three degrees of theft distinguished in terms of value of the object, the most severe penalty being class B felony for theft of stuff worth over $5,000. It is not a crime to use my shovel without my permission, unless you are in <a href="https://codelibrary.amlegal.com/codes/harrison/latest/harrison_oh/0-0-0-11472" rel="nofollow noreferrer">Harrison OH</a>.</p>
<p>The <a href="https://app.leg.wa.gov/RCW/default.aspx?cite=9A.56.020" rel="nofollow noreferrer">definition of theft</a> is</p>
<blockquote>
<p>(a) To wrongfully obtain or exert unauthorized control over the
property or services of another or the value thereof, with intent to
deprive him or her of such property or services; or (b) By color or
aid of deception to obtain control over the property or services of
another or the value thereof, with intent to deprive him or her of
such property or services; or (c) To appropriate lost or misdelivered
property or services of another, or the value thereof, with intent to
deprive him or her of such property or services.</p>
</blockquote>
<p>Your described use show no intent to deprive the owner of their property, not even fuel – it is just use.</p>
