Section 708-836.1 - Unauthorized control of a propelled vehicle in the second degree(1) A person commits the offense of unauthorized control of a propelled vehicle in the second degree if the person recklessly or negligently exerts unauthorized control over another's propelled vehicle by operating the propelled vehicle without the owner's consent or by changing the identity of the propelled vehicle without the owner's consent.(2) It is an affirmative defense to a prosecution under this section that the defendant:(a) Received authorization to use the propelled vehicle from an agent of the owner where the agent had actual or apparent authority to authorize the use; (b) Is a lien holder or legal owner of the propelled vehicle, or an authorized agent of the lien holder or legal owner, engaged in the lawful repossession of the propelled vehicle; or(c) Purchased the vehicle and reasonably believed oneself to be the actual owner of the vehicle.(3) For the purposes of this section: "Owner" means the registered owner of the propelled vehicle or the unrecorded owner of the propelled vehicle pending transfer of ownership; provided that if there is no registered owner of the propelled vehicle or unrecorded owner of the propelled vehicle pending transfer of ownership, "owner" means the legal owner.
"Propelled vehicle" shall have the same meaning as in section 708-836.
(4) Unauthorized control of a propelled vehicle in the second degree is a misdemeanor.Amended by L 2022, c 53,§ 3, eff. 6/17/2022.Added by L 2021, c 6,§ 2, eff. 4/14/2021.