Unauthorized Use

Unauthorized Use in Virginia (Va. Code §18.2-102) is the taking of property with the intent to temporarily deprive the owner of his or her property or the use of his or her property. The property that can be the subject of a Virginia unauthorized use charge includes vehicles, aircraft, boats, vessels, and animals.

Proof of Virginia Unauthorized Use Charge

Virginia unauthorized use chargeAn offender can be convicted of a Virginia Unauthorized Use charge under Va. Code §18.2-102 if he:

  • takes, drives, or uses
  • an animal, aircraft, vehicle, boat or vessel
  • belonging to another
  • without consent
  • with the intent to temporarily deprive the owner of his property
  • and without the intent to steal.

A person can also be convicted of a Virginia Unauthorized Use charge under Va. Code §18.2-102 if he assists someone or is an accomplice to an unauthorized taking or use.

Penalty for Virginia Unauthorized Use Charge

If the property used without authorization is worth less than $1,000, the offense is a Class 1 misdemeanor.  It is punished with up to 12 months in jail, a fine up to $2,500, or both. If the property was worth more than $1,000, the crime is a Class 6 felony, punished with up to 5 years in prison.

Virginia Unauthorized Use Va. Code §18.2-102

§18.2-102. Unauthorized use of animal, aircraft, vehicle or boat; consent; accessories or accomplices.

Any person who shall take, drive or use any animal, aircraft, vehicle, boat or vessel, not his own, without the consent of the owner thereof and in the absence of the owner, and with intent temporarily to deprive the owner thereof of his possession thereof, without intent to steal the same, shall be guilty of a Class 6 felony; provided, however, that if the value of such animal, aircraft, vehicle, boat or vessel shall be less than $200, such person shall be guilty of a Class 1 misdemeanor. The consent of the owner of an animal, aircraft, vehicle, boat or vessel to its taking, driving or using shall not in any case be presumed or implied because of such owner’s consent on a previous occasion to the taking, driving or using of such animal, aircraft, vehicle, boat or vessel by the same or a different person. Any person who assists in, or is a party or accessory to, or an accomplice in, any such unauthorized taking, driving or using shall be subject to the same punishment as if he were the principal offender.