New Jersey Section 2C:20-10 – Unlawful taking of means of conveyance.

New Jersey’s Unlawful Taking of a Conveyance Law – What You Need to Know

New Jersey’s unlawful taking of a means of conveyance law, also known as joyriding, is an interesting one. It essentially makes it illegal to take someone else’s vehicle without their permission, even if you don’t intend to permanently deprive them of it. Let’s take a closer look at this law and what it means for New Jersey residents.

Overview of the Law

New Jersey Statute 2C:20-10 states that “A person commits a disorderly persons offense if, with purpose to withhold temporarily from the owner, 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.”

So in plain English, you can’t take someone else’s bike, scooter, skateboard, wagon, wheelchair, or anything that transports people, even if you only mean to borrow it for a little while. It’s still considered theft.

There are a few key elements here:

• You have to take it purposefully and knowingly, not by accident.
• It has to be taken without permission from the owner.
• You only intend to take it temporarily, not permanently.
• It can’t be a motor vehicle – there are other laws for auto theft.

The penalty if convicted is up to 6 months in jail, a fine of up to $1,000, or both.

Where This Law Comes From

New Jersey’s joyriding statute is based on the common law concept of trespass to chattels. A chattel is a movable piece of personal property. Trespassing on someone else’s chattel meant using their property without permission, which was a minor criminal offense.

When cars became more popular in the early 1900s, people started taking them for joyrides. So states began passing laws specifically making this a crime, even if the intent was just to borrow the car temporarily.

Real World Examples

Some examples of joyriding charges in New Jersey include:

• A group of teenagers taking a neighbor’s ATV for a spin without asking first.
• A person “borrowing” a classmate’s bike to ride home from school without their knowledge.
• An employee moving company vans between parking lots during lunch break, though it wasn’t part of their job duties.

As you can see, joyriding covers any sort of vehicle besides a motor vehicle. So it’s most commonly applied to things like bicycles, ATVs, construction equipment, mobility scooters, golf carts, etc.

Defenses to Joyriding

There are a few defenses that may apply in joyriding cases:

• Lack of criminal purpose – If you took a conveyance by accident or absentmindedly, without criminal intent, then you aren’t guilty.
• Believed it was abandoned – If you show that you reasonably believed the property was abandoned, discarded, or lost, you may be able to fight the charges.
• Mistake of fact – If you took the property under a mistaken belief that you had permission or the right to use it, this can also be a defense.
• Intoxication – Evidence that you were involuntarily intoxicated at the time could potentially provide a defense as well by negating criminal intent.

Comparison to Motor Vehicle Theft

Joyriding is a lesser offense than motor vehicle theft in New Jersey. The main differences:

• Joyriding is a misdemeanor, while auto theft is a much more serious felony.
• Joyriding requires intent to take temporarily, while auto theft requires intent to deprive the owner permanently.
• The penalties for auto theft are more severe – up to 10 years in prison and fines up to $150,000.

So prosecutors will weigh factors like the value of the vehicle, length of deprivation, intent of the defendant, and other evidence when deciding what charges to pursue.

What This Means for Citizens

The upshot is that New Jersey residents can’t just take someone else’s bike or car for a quick ride without permission. Even if you mean to bring it back, don’t assume it’s no big deal.

You could face criminal charges and a permanent criminal record. It’s best to be respectful of other people’s property and always ask first before using vehicles that don’t belong to you.

The joyriding law is also a reminder to take precautions with your own conveyances. Make sure to secure your bike, ATV, mobility scooter, etc. so it’s not easily taken by others. And report any unauthorized use to police right away.

When is Joyriding a Felony?

In most cases joyriding will be charged as a misdemeanor offense. But there are certain circumstances where prosecutors can choose to upgrade it to a more serious felony charge:

• If the value of the stolen conveyance is over $500, it becomes a 4th degree felony under NJ Statute 2C:20-2.1.
• If you take the conveyance as part of an organized scheme with multiple instances of theft, it can be charged as a 3rd degree felony under NJ Statute 2C:20-2.2.
• If the victim is over 60 years old or disabled, it is elevated to a 3rd degree felony under NJ Statute 2C:20-2.1a.

So while joyriding seems minor on the surface, there are cases where prosecutors will seek felony indictments and penalties of 3-5 years in prison. It pays to take any criminal charges seriously.

Bottom Line

Hopefully this breakdown gives you a better understanding of New Jersey’s unlawful taking of a means of conveyance statute. While it may seem harmless to “borrow” someone’s bike or scooter for a quick ride, doing so without permission is actually a criminal offense.

It’s best to be respectful of others’ property and transport. But if you find yourself facing accusations of joyriding, make sure to consult with a local criminal defense attorney right away. An experienced lawyer can review the evidence and advise you on the best defense strategy.

With the right approach, it may be possible to get charges reduced or even dismissed. But ignoring them or trying to represent yourself could lead to a conviction and permanent criminal record. Don’t take that chance over a simple joyride.