Sponsored by:
Senator KRISTIN M. CORRADO
District 40 (Bergen, Essex, Morris and Passaic)
Co-Sponsored by:
Senators Schepisi and Testa
SYNOPSIS
Increases degree of crime for unlawful taking of motor vehicle.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning unlawful taking of a motor vehicle and amending. N.J.S.2C:20-10.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:20-10 is amended to read as follows:
2C:20-10. Unlawful Taking of Means of Conveyance
a. 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. "Means of conveyance" includes but is not limited to motor vehicles, bicycles, motorized bicycles, boats, horses, vessels, surfboards, rafts, skimobiles, airplanes, trains, trams and trailers. It is an affirmative defense to prosecution under subsections 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] 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.
c. A person commits a crime of the [third] second 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.
(cf: P.L.1993, c.134, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill increases the penalties for joyriding.
Specifically, the bill
increases the degree of crime for unlawful taking of a motor vehicle without
the consent of the owner or other person authorized to give consent.
Currently, the unlawful taking, operation, or exercise of control over a motor vehicle without the consent of the owner or other authorized person is a fourth degree crime. This bill makes it a third degree crime for any person to commit such an act.
A third degree crime is punishable by three to five years imprisonment, a fine of up to $15,000, or both.
Finally, this bill increases the degree of crime for any person to take, operate, or exercise control over a motor vehicle without the consent of the owner or other person authorized to give consent in a manner that creates a risk of injury to any person or a risk of damage to property. Currently, this is a third degree crime. This bill makes it a second degree crime to commit such an act.
A second degree crime is punishable by five to 10 years imprisonment, a fine of up to $150,000, or both.