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Criminal Defense

Joyriding / Unlawful Taking of a Vehicle in NJ (2C:20-10)

Taking a car without permission — a friend’s, a family member’s, an acquaintance’s — can become a criminal charge in New Jersey even if you fully intended to bring it back. The law calls it unlawful taking of a means of conveyance, often known as “joyriding,” under N.J.S.A. 2C:20-10. It’s distinct from auto theft, and that distinction matters a great deal to the outcome.

Joyriding vs. auto theft

The key difference is intent to keep the vehicle:

  • Theft of a vehicle (under the general theft statutes) requires the purpose to permanently deprive the owner of the car — to keep it, sell it, or strip it.
  • Unlawful taking / joyriding (2C:20-10) applies when a person takes, operates, or rides in a vehicle without the owner’s consent but without that intent to permanently deprive — the classic “I was just going to use it and bring it back.”

Because joyriding doesn’t require the intent to keep the car, it can apply in situations the person never thought of as “stealing” anything.

Even a passenger can be charged: The statute reaches not just the person who took the vehicle, but those who operate or ride in it knowing it was taken without consent. So a passenger who knew the car wasn’t supposed to be taken can face the charge too — which is how groups of young people sometimes all get charged from a single incident.

How it’s graded

Unlawful taking is graded by the circumstances — ranging from a fourth-degree crime up to a third-degree crime depending on factors like operating the vehicle (versus merely being a passenger) and the risk created. Either way it’s an indictable offense that creates a criminal record, the kind of stakes we explain in disorderly persons vs. indictable offenses.

The situations that lead to these charges

  • Borrowing a family member’s car without permission — common in disputes between relatives or exes.
  • Taking a friend’s vehicle after a misunderstanding about permission.
  • Young people using a car they weren’t authorized to drive.
  • Riding along in a vehicle others took.

Where these cases get defended

  • Consent — whether the person actually had permission, or a reasonable belief they did (a recurring issue among family members and exes).
  • Knowledge — for passengers, whether they actually knew the vehicle was taken without consent.
  • Intent — distinguishing a temporary taking from the permanent-deprivation intent the State might claim to charge it as theft.

For eligible defendants — often young people with no record — diversion through Pretrial Intervention can resolve the case without a conviction, and juvenile cases proceed through the juvenile system.

Charged with taking a vehicle? Permission is the key question

Many of these cases come down to a genuine dispute over consent, not real criminal intent. If you’re facing a 2C:20-10 charge anywhere in New Jersey, it’s worth a free call before you explain the situation to anyone else.

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This article is general information about New Jersey law, not legal advice, and does not create an attorney–client relationship. Every case turns on its own facts. For advice about your situation, call 908-692-7745.

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