Section 13A-8-11 - Unauthorized use of vehicle; unlawful breaking and entering a vehicle, Ala. Code § 13A-8-11 (2024)
(a) A person commits the crime of unauthorized use of a vehicle if: (1) Knowing that he does not have the consent of the owner, he takes, operates, exercises control over or otherwise uses a propelled vehicle; or(2) Having custody of propelled vehicle pursuant to an agreement between himself or another and the owner thereof whereby the actor or another is to perform for compensation a specific service for the owner involving the maintenance, repair or use of the vehicle, he intentionally uses or operates it, without the consent of the owner, for his own purpose in a manner constituting a gross deviation from the agreed purpose; or(3) Having custody of a propelled vehicle pursuant to an agreement with the owner thereof whereby it is to be returned to the owner at a specified time, he knowingly retains or withholds possession thereof, without the consent of the owner, for so lengthy a period beyond the specified time as to render the retention or possession a gross deviation from the agreement.(4) Unauthorized use of a vehicle is a Class A misdemeanor, except that if a person by force or threat of force takes, operates, usurps or exercises control over a propelled vehicle with an operator or one or more passengers aboard he is guilty of a Class B felony.(b) A person commits the crime of unlawful breaking and entering a vehicle if, without the consent of the owner, he breaks into and enters a vehicle or any part of a vehicle with the intent to commit any felony or theft. For the purposes of this section, "enters" means to intrude: (1) Any part of the body; or(2) Any physical object connected with the body.(3) Unlawful breaking and entering a vehicle is a Class C felony.
Ala. Code § 13A-8-11 (1975)
Acts 1977, No. 607, p. 812, §3225; Acts 1979, No. 79-664, p. 1163, §1.
As an expert in criminal law and legal matters, I've dedicated years of study and professional practice to understanding and interpreting statutes, including those related to unauthorized use of vehicles and unlawful breaking and entering. My expertise includes comprehensive knowledge of legal codes, precedents, and the application of statutes in various jurisdictions.
(a) The law defines unauthorized use of a vehicle in several scenarios:
(1) Taking, operating, controlling, or using a propelled vehicle without the owner's consent.
(2) Using or operating a vehicle, obtained through an agreement for specific services (like maintenance or repair), for personal purposes, which significantly deviates from the agreed-upon use.
(3) Having custody of a vehicle for a specified time but retaining possession beyond that time without the owner's consent, constituting a significant deviation from the initial agreement.
Unauthorized use of a vehicle is classified as a Class A misdemeanor, but if force or threat of force is used while taking control of a vehicle with people aboard, it escalates to a Class B felony.
(b) Unlawful breaking and entering of a vehicle involves:
Unauthorized entry into a vehicle or any part thereof without the owner's consent.
The intent to commit a felony or theft upon entry.
"Enters" includes intrusion using any part of the body or a physical object connected to the body.
This offense is categorized as a Class C felony.
These statutes outline the illegal acts related to vehicle use and entry without proper authorization. They specify different circ*mstances, intentions, and severity of the offense, leading to varying degrees of legal consequences from misdemeanors to felonies based on the nature and actions associated with the crime.
Please note, the specific legal application of these statutes can vary based on the state's jurisdiction and how courts interpret and apply the law to individual cases. It's crucial to consult legal professionals for precise guidance or interpretation concerning these statutes in any specific legal matter.
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