T.P.I. -- CRIM. 11.14
UNAUTHORIZED USE OF AUTOMOBILE AND
OTHER VEHICLES - JOYRIDING
Any person who commits the offense of unauthorized use of an automobile or other vehicle is guilty of a crime.
For you to find the defendant guilty of this offense, the state must have proven beyond a reasonable doubt the existence of the following essential elements:1
(1) that the defendant took another's [automobile] [airplane] [motorcycle]
[bicycle] [boat] [other vehicle];
and
(2) that the taking was without the consent of the owner;
[and]
[(3) that the defendant did not have the intent to deprive the owner
thereof;]2
and
(4) that the defendant acted either intentionally, knowingly or recklessly.3
"Intentionally" means that a person acts intentionally with respect to the nature of the conduct or to a result of the conduct when it is the person's conscious objective or desire to engage in the conduct or cause the result.4
"Knowingly" means that a person acts knowingly with respect to the conduct or to circumstances surrounding the conduct when the person is aware of the nature of the conduct or that the circumstances exist. A person acts knowingly with respect to the result of the person's conduct when the person is aware that the conduct is reasonably certain to cause the result.5
"Recklessly" means that a person acts recklessly with respect to circumstances surrounding the conduct or the result of the conduct when the person is aware of, but consciously disregards, a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the accused person's standpoint.6
"Deprive" means to:
[(A) withhold property from the owner permanently or for such period of
time as to substantially diminish the value or enjoyment of the
property to the owner;]7
or
[(B) withhold property or cause it to be withheld for the purpose of
restoring it only upon payment of a reward or other compensation;]8
or
[(C) dispose of property or use it to transfer any interest in it under
circumstances that make its restoration unlikely.]9
"Owner" means a person, other than the defendant, who has possession of or any interest other than a mortgage, deed of trust or security interest in property, even though that possession or interest is unlawful and without whose consent the defendant has no authority to exert control over the property.10
FOOTNOTES
1. Tenn. Code Ann. § 39-14-106.
2. The Committee is of the opinion that the third element should only be
charged if theft of the vehicle is alleged by the state, and joyriding is being
charged as a lesser included offense.
3. Tenn. Code Ann. § 39-11-301(b) and (c) and accompanying Sentencing
Commission Comment.
4. Tenn. Code Ann. § 39-11-106(a)(18).
5. Tenn. Code Ann. § 39-11-106(a)(20).
6. Tenn. Code Ann. § 39-11-106(a)(31).
7. Tenn. Code Ann. § 39-11-106(a)(8)(A).
8. Tenn. Code Ann. § 39-11-106(a)(8)(B).
9. Tenn. Code Ann. § 39-11-106(a)(8)(C).
10. Tenn. Code Ann. § 39-11-106(a)(26).
COMMENTS
1. Unauthorized use of automobiles and other vehicles is a Class A misdemeanor. Tenn. Code Ann. § 39-14-106.
2. If the definition of an offense within Title 39 does not plainly dispense with a mental element, intent, knowledge, or recklessness suffices to establish the culpable mental state. Tenn. Code Ann. § 39-11-301(c). The Committee is of the opinion that the definitions of "intentionally", "knowingly", and "recklessly" should all be charged for this offense.
3. Claim of right may be asserted as an affirmative defense to this offense under Tenn. Code Ann. § 39-14-107. If properly raised as an affirmative defense, the trial judge should utilize T.P.I. -- CRIM. 40.13 (Affirmative defense: claim of right), which appears in the "Defenses" chapter.