(1) A person commits unauthorized use of a motor vehicle if the person obtains or exercises control over the motor vehicle of another person without authorization of the owner and: (a) The person does not commit a criminal offense other than a misdemeanor traffic offense except eluding a police officer as described in section 42-4-1413 in the course of obtaining control over or in the exercise of control of a motor vehicle; and (b) The motor vehicle is returned to the owner or recovered by law enforcement within twenty-four hours after being reported as missing or stolen by the owner, with no damage to the motor vehicle. (2) Unauthorized use of a motor vehicle is a class 1 misdemeanor; except that a second or subsequent offense for a violation of this section is a class 5 felony. (3) As used in this section, unless the context otherwise requires, "motor vehicle" has the same meaning as defined in section 18-4-409.
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