available 24/7 Free Consultation
Posted on May 28, 2025 in Arizona Revised Statutes
Unlawful use of means of transportation under Arizona Revised Statute (ARS) 13-1803 is a crime characterized by temporary, unauthorized use and/or control of another person’s vehicle.
Conviction of unlawful use of means of transportation results in a class 5 felony if you were the driver or a class 6 felony if you were a passenger that knew or had reason to know that the driver is in the unlawful possession of another person’s vehicle.
In this post, we examine how ARS 13-1803 defines unlawful use, break down the penalties you can face if convicted under ARS 13-1803, and discuss possible defenses to an unlawful use of means of transportation charge.
If you have been charged with unlawful use of means of transportation, please call AZ Defenders at (480) 456-6400 or use our contact form to get in touch with a premium criminal defense lawyer.
Subsection A of ARS 13-1803 identifies two ways that you can be charged with unlawfully using someone else’s motor vehicle.
The subsection reads as follows:
“A. A person commits unlawful use of means of transportation if, without intent permanently to deprive, the person either:
1. Knowingly takes unauthorized control over another person’s means of transportation.
2. Knowingly is transported or physically located in a vehicle that the person knows or has reason to know is in the unlawful possession of another person pursuant to paragraph 1 or section 13-1814.”
Although it requires a knowing state of mind, contrary to the crime of theft of means of transportation, an unlawful use of means of transportation is one in which no intent exists to deprive the owner of possession permanently.
In other words, the taking is temporary.
Examples of unlawful use of means of transportation include:
Under ARS 13-1801(9), “means of transportation” includes any kind of vehicle.
A conviction for unlawful use of someone else’s vehicle can result in a class 5 or class 6 felony under Arizona law.
The difference depends on whether you are the driver or a passenger.
The penalties for a first offense Class 5 felony in Arizona include:
A second offense carries an increased prison sentence of one year up to 3.75 years.
Two or more prior felonies increase the prison time to between three and 7.5 years.
The penalties for a Class 6 felony include:
A second offense carries an increased prison sentence of nine months up to 2.75 years.
Two or more prior felonies increase the prison time to between 2.25 and 5.75 years.
If the nature of the felony makes it a “dangerous felony,” the possible prison sentences will be increased.
What can make a felony dangerous is the use of a deadly weapon or dangerous instrument.
A motor vehicle can become a dangerous instrument if it is used to commit assault or to cause serious injury to another person through intentional or reckless acts.
Such behavior qualifies as vehicular aggravated assault under ARS 13-1204.
So, for example, if a person borrows a friend’s car and then drives it in such a way that he or she puts another person in reasonable apprehension of imminent physical harm, or hits another vehicle or a pedestrian and causes injury as a result, this can turn a joyride into vehicular aggravated assault which can be charged as a Class 3 “dangerous” felony.
Note: The prison term for a first-time class 3 dangerous felony is between 5 and 15 years, and probation is not available.
Aside from the prospect of jail or prison time and a considerable fine, a felony conviction in Arizona has other effects that can linger because a felony conviction stays on your criminal record.
Examples of these long-lasting consequences include:
Some possible defenses exist to a criminal prosecution for joyriding in Arizona.
The three most common ones are that you were driving with the owner’s permission, that you had a claim of right over the vehicle, that the police did not have probable cause to arrest you for the offense, and/or the police violated your constitutional rights while conducting their investigation.
If you can show that the vehicle owner gave you permission to operate the vehicle, this is a strong defense because it negates the “without permission” element of the charge.
A claim of right means that you have a claim of ownership of the vehicle as its true owner.
If, for example, you can show that your name is on the vehicle title or that you purchased the vehicle, this can raise the question of whether you had a claim of right to it.
A law enforcement officer cannot randomly or arbitrarily stop you when you are operating a vehicle.
The officer must have reasonable suspicion that you have committed an illegal act while driving to pull you over.
Similarly, to arrest you for unlawful use or possession of a vehicle, the officer must have probable cause that you are, in fact, not in lawful possession and/or use.
Sometimes police officers can make mistakes when concluding that reasonable suspicion or probable cause exists and can result in favorable outcomes for your defense.
Because unlawful use of means of transportation is a felony charge, having an experienced Arizona criminal defense lawyer to represent you is essential to ensure that your rights are protected and that you have a thorough and aggressive defense if you are charged with a criminal offense.
AZ Defenders has experienced and knowledgeable criminal defense lawyers who you will need if you have been accused of unlawfully possessing and/or using someone else’s vehicle.
Our team of Phoenix criminal defense lawyers is smart, effective, and recognized as among the finest criminal defense law firms in the Phoenix area and the state of Arizona.
Two of our attorneys, Vicki Lopez and Rachelle Ferraro, are board-certified criminal law specialists, a designation that less than 1% of lawyers in Arizona have.
Call us at (480) 456-6400 to speak with a quality Arizona criminal defense attorney and to schedule a free initial consultation. Alternatively, you can use our online contact form.