§ 165.05 Unauthorized use of a vehicle in the third degree.\n A person is guilty of unauthorized use of a vehicle in the third\ndegree when:\n 1. Knowing that he does not have the consent of the owner, he takes,\noperates, exercises control over, rides in or otherwise uses a vehicle.\nA person who engages in any such conduct without the consent of the\nowner is presumed to know that he does not have such consent; or\n 2. Having custody of a vehicle pursuant to an agreement between\nhimself or another and the owner thereof whereby he or another is to\nperform for compensation a specific service for the owner involving the\nmaintenance, repair or use of such vehicle, he intentionally uses or\noperates the same, without the consent of the owner, for his own\npurposes in a manner constituting a gross deviation from the agreed\npurpose; or\n 3. Having custody of a vehicle pursuant to an agreement with the owner\nthereof whereby such vehicle is to be returned to the owner at a\nspecified time, he intentionally retains or withholds possession\nthereof, without the consent of the owner, for so lengthy a period\nbeyond the specified time as to render such retention or possession a\ngross deviation from the agreement.\n For purposes of this section "a gross deviation from the agreement"\nshall consist of, but not be limited to, circumstances wherein a person\nwho having had custody of a vehicle for a period of fifteen days or less\npursuant to a written agreement retains possession of such vehicle for\nat least seven days beyond the period specified in the agreement and\ncontinues such possession for a period of more than two days after\nservice or refusal of attempted service of a notice in person or by\ncertified mail at an address indicated in the agreement stating (i) the\ndate and time at which the vehicle was to have been returned under the\nagreement; (ii) that the owner does not consent to the continued\nwithholding or retaining of such vehicle and demands its return; and\nthat continued withholding or retaining of the vehicle may constitute a\nclass A misdemeanor punishable by a fine of up to one thousand dollars\nor by a sentence to a term of imprisonment for a period of up to one\nyear or by both such fine and imprisonment.\n Unauthorized use of a vehicle in the third degree is a class A\nmisdemeanor.\n
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