Grand Theft Auto vs. Unauthorized Use of a Motor Vehicle in South Dakota
Taking someone else's vehicle is a crime, but the charge depends on intent. Intending to keep the car permanently is Grand Theft Auto (a felony), while taking it temporarily is Unauthorized Use of a Motor Vehicle (a misdemeanor joyride).
Taking someone else's vehicle without permission is always a crime in South Dakota, but the specific charge you face depends entirely on your intent. The law draws a strict line between permanently stealing a car (Grand Theft Auto) and temporarily taking it for a joyride (Unauthorized Use of a Motor Vehicle). Because motor vehicles are high-value assets, understanding this legal distinction is the key to a strong defense. The difference in penalties between a felony conviction that sends you to state prison and a misdemeanor that results in probation is massive. This guide breaks down the specific laws in South Dakota and how common scenarios are handled by prosecutors.
Step-by-Step Process in South Dakota
If you or a loved one are facing vehicle-related charges in Sioux Falls or Brookings, the criminal justice process requires careful navigation. Securing a criminal defense attorney through our US Lawyers Directory is an essential first step.
Step 1: Grand Theft Auto and Permanent Deprivation
In South Dakota, Grand Theft Auto is charged under the general grand theft statute, S.D. Codified Laws § 22-30A-17. Because almost every functioning car is worth more than the $1,000 threshold, stealing a car is automatically a felony. The crucial element the prosecutor must prove is specific intent. They must prove beyond a reasonable doubt that you intended to permanently deprive the owner of the vehicle. Evidence of this intent includes trying to sell the car, stripping it for parts, changing the license plates, or abandoning it out of state.
Step 2: Unauthorized Use of a Motor Vehicle (Joyriding)
If you took the vehicle without permission but intended to bring it back, you should be charged with Unauthorized Use of a Motor Vehicle, commonly known as joyriding, under S.D. Codified Laws § 22-30A-12. This is typically a Class 1 misdemeanor. For example, if a teenager takes a neighbor's car for a joyride around Rapid City and parks it safely near where they found it, the lack of intent to keep the car permanently changes the entire nature of the crime. A skilled defense lawyer will fight to have a grand theft charge reduced to unauthorized use if the state cannot prove permanent intent.
Step 3: Keeping a Rental Car Past the Due Date
A frequent and terrifying scenario occurs when someone rents a car at the Sioux Falls Regional Airport and fails to return it on time. While this seems like a contract dispute, rental companies can report the vehicle as stolen. In South Dakota, failing to return leased or rented personal property after the contract expires can be prosecuted as theft under S.D. Codified Laws § 22-30A-13. If you keep the car for days or weeks past the deadline, ignoring phone calls and certified letters from the rental agency, the state will assume you intended to permanently deprive them of it, leading to felony charges.
Step 4: Stealing ATVs and Snowmobiles
Vehicle theft laws do not only apply to cars and trucks. In South Dakota, taking a snowmobile in the Black Hills or an ATV from a farm in Minnehaha County is prosecuted under the same theft statutes. Because these off-road vehicles frequently exceed the $1,000 felony threshold, taking a roommate's or friend's ATV without permission and crashing it can lead to grand theft charges. If the case goes to the Pennington County Courthouse, Rapid City or the Lincoln County Courthouse, Canton, your lawyer will have to argue that the vehicle was taken merely for temporary use to avoid felony consequences.
How Much Does it Cost in South Dakota?
Legal fees for defending a vehicle theft charge vary based on severity. A misdemeanor joyriding defense may cost $1,500 to $3,000 in attorney fees. However, fighting a felony grand theft auto charge at trial can cost $5,000 to $10,000 or more. If you are convicted of felony grand theft, you can face up to 10 years in prison and a $20,000 fine. Furthermore, you will be ordered to pay restitution for any physical damage done to the vehicle while it was out of the owner's possession.
How Long Does the Process Take?
A misdemeanor unauthorized use charge may be resolved through plea negotiations or a diversion program in 2 to 5 months. A felony grand theft auto case is much more complex, involving grand jury indictments or preliminary hearings, and can take 6 to 12 months to reach a final resolution or jury trial.
Frequently Asked Questions (FAQ)
What if I had permission to use the car, but the owner changed their mind?
This is a common defense. If you reasonably believed you had ongoing permission from a roommate or family member to use the vehicle, your attorney can argue that you lacked the criminal intent required for both theft and unauthorized use.
Can a passenger be charged with joyriding?
Yes. If a passenger rides in a vehicle knowing that it was taken without the owner's consent, they can also be charged with unauthorized use of a motor vehicle under South Dakota law.
Is it a crime to keep a car I bought if the bank tries to repossess it?
Hiding a vehicle to prevent a lawful bank repossession is generally treated as a civil breach of contract or concealing encumbered property, rather than standard grand theft auto, but it can still lead to serious legal consequences.
Will joyriding put a felony on my record?
No. Unauthorized use of a motor vehicle is typically a Class 1 misdemeanor in South Dakota, meaning it will not result in a felony record, though it still carries potential jail time and fines.
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