UNLAWFUL TAKING OF MEANS OF CONVEYANCE—N.J.S.A. 2C:10-10
ALSO KNOWN AS “JOYRIDING” Joyriding NJ
If you’ve been charged with violation of 2C:10-10, if convicted, you could be exposed to jail time up to 5 years, monetary fines up to $15,000.00, criminal record. In my 26 years of practicing criminal law, I have handled many types of criminal charges and am experienced with “Joyriding”. Please contact me at (732)-337-7922 for an evaluation of your circumstances and vigorous and competent representation.
ILLUSTRATIVE EXAMPLE OF WHAT CONDUCT CONSTITUTES THE OFFENSE:
Your girlfriend’s parents are gone for the week end and she invites you over for dinner and a real good time. Once there, you realize that her dad’s restored Porsche 911 is in the garage. Wow! What a racing machine. She confides that it is his “baby”. As you sit in the driver’s seat you realize that the keys are in the ignition. Unable to control yourself, you fire her up and back out onto the road knowing that you do not have anybody’s permission to operate the vehicle. All you intend to do is drive it around for a while and then drive it back to the garage. However, it’s been a while since you’ve driven a four on the floor and the darn thing is much faster than you had expected. As you pull out on the parkway, you almost collide with an oncoming car and you subsequently tailgate the car in front of you. A trooper sees the whole thing and signals you to pull over. Unbeknownst to you, your girlfriend has called the police and reported the vehicle as stolen. Have you just committed a serious crime?
THE ACTUAL LAW—Joyriding NJ
a. “A person commits a disorderly persons offense if, with purpose to withhold
temporarily, he takes, operates, or exercises control over any means of conveyance
other than a motor vehicle, without consent of the owner or other person authorized to give consent. “Means of conveyance” includes but is not limited to motor vehicles, bicycles, motorized bicycles, boats, horses, vessels, surfboards, rafts, skimobiles, airplanes, trains, planes or trailers. It is an affirmative defense to prosecution under subsection a., b. and c. of this section that the actor reasonably believed that the owner or any other person authorized to give consent would have consented to the operation had he known of it.
b. A person commits a crime of the fourth degree if, with purpose to withhold
temporarily from the owner, he takes, operates or exercises control over a motor
vehicle without the consent of the owner or other person authorized to give
consent.
c. A person commits a crime of the third degree if, with purpose to withhold
temporarily from the owner, he takes, operates or exercises control over a motor vehicle without the consent of the owner or other person authorized to give consent and operates the motor vehicle in a manner that creates a risk of injury to
any person or a risk of damage to property.
d. A person commits a crime of the fourth degree if he enters and rides in a motor
vehicle knowing that the motor vehicle has been taken or is being operated without
the consent of the owner or other person authorized to consent.”
The answer to the question is YES. You’ve just committed a third degree crime under section c.. State v. Bakka, 176 N.J. 533, 826 A.2d 604 (2003) Your exposure is a monetary fine of up to $15,00.00, plus jail time of not less than three (3) years and not more than five (5) years, presumptive four (4) years, N.J.S.A. 2C: 43-1, et seq., plus a criminal record.
Unlawful taking of (or theft of) means of conveyance (also referred to as “joyriding”) is a serious offense. If you have been charged with this offense, you need to retain a skilled and experienced attorney immediately to get the charges downgraded or dismissed. Please contact me for help at (732)-337-7922
