• 1985 - Unauthorized Use of Vehicle
  • K-11.15
    • Theft
    • Theft
    • Vehicles

  • A person who, knowing that the owner does not consent, willfully takes, operates, or exercises control over another’s automobile, train, aircraft, motorcycle, motorboat, or other motor-propelled vehicle, is guilty of Unauthorized Use of a Vehicle.

     

    ESSENTIAL ELEMENTS OF OFFENSE CHARGED

     

    The State’s burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

     

    1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _______________, willfully took, operated, or exercised control over a certain [automobile] [train] [aircraft] [motorcycle] [motorboat] [other motor propelled vehicle] namely, _______________, belonging to _______________; (

     

    2) The Defendant knew then that the owner did not consent[.] [; and] [

     

    3) The Defendant did not then reasonably believe that the owner would have consented had the owner known of the Defendant's conduct.] [

     

    4) The value of the use of the vehicle and the cost of retrieval and restoration exceeded five hundred dollars.]

     

    DEFINITIONS [Insert relevant definitions. NDCC 12.1-02-02.]


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    • 12.1-23-06
  • Notes: The bracketed language in paragraph 3 should be used if there is evidence in the case sufficient to give rise to a reasonable doubt on the issue. The bracketed language in paragraph 4 should be used if a class C felony is charged. It should be noted that the offense is also a class C felony if the vehicle involved is an aircraft. Otherwise, the offense is a class A misdemeanor.