Unlawful Taking Of Motor Vehicle
Legal Definition
A person commits unlawful taking of a motor vehicle when they take, operate, exercise control over, or ride in a motor vehicle without the owner's consent. The offense does not require an intent to permanently deprive the owner of the vehicle, distinguishing it from larceny or auto theft. Temporary unauthorized use—sometimes called "joyriding"—falls within this statute.
Possible Punishment
Basic sentence of 18 months imprisonment and a fine up to $5,000. A mandatory period of parole follows release. Restitution to the vehicle owner for damage or loss may also be ordered.
Local Context
This offense is commonly charged when a person takes or uses a vehicle without permission but lacks the intent to steal it permanently. It is distinct from larceny of a motor vehicle under § 30-16-1 NMSA, which requires intent to permanently deprive the owner.
Property-Crime Cases in Doña Ana County
Property charges in New Mexico scale with dollar value and circumstances. The same shoplifting conduct can be a petty misdemeanor or a felony depending on the value of what was taken, and burglary escalates sharply when the structure is a home or someone is inside. That is why our charge database lists several versions of larceny and burglary with different classifications.
Property cases also drive a large share of repeat bookings: failure to appear on an older larceny case frequently brings someone back into the detention center on a bench warrant alongside any new charge.
Related Guides
Misdemeanor vs. Felony in New Mexico: Sentences, Courts, and Consequences
How New Mexico separates petty misdemeanors, misdemeanors, and felony degrees: sentence ranges, jail vs. prison, habitual enhancements, and collateral costs.
Bench Warrants and Failure to Appear in New Mexico: How a Missed Court Date Becomes a Booking
What a bench warrant is, how it differs from an arrest warrant, why FTA bookings fill the Doña Ana County jail log, and how to clear a warrant before arrest.
Recent Arrests for This Charge (16)
Las Cruces Man, 42, Booked on Felony Vehicle and Shoplifting Charges
NOEL CALDERON | 3 charges
Las Cruces Man, 34, Booked on Felony Fleeing and Motor Vehicle Theft Charges
KEVIN CADENA | 3 charges
Las Cruces Man, 37, Booked on Felony Charge of Unlawful Vehicle Taking
MIGUEL ZAVALA | 1 charge
Las Cruces Man, 49, Booked on Felony Motor Vehicle and Fugitive Charges
TIMOTHY JAMES | 3 charges
Los Lunas Man, 45, Booked on Felony Vehicle Theft Charge in Las Cruces
SHILO SAVOIE | 1 charge
Las Cruces Man, 36, Faces Felony Burglary and Motor Vehicle Theft Charges
SERGIO REYES | 2 charges
Las Cruces Woman, 25, Booked on Felony Charge of Unlawful Vehicle Taking
ELIANNA AGUIRRE | 1 charge
Las Cruces Man, 25, Charged with Unlawful Taking of Motor Vehicle
DANIEL PERKINS | 3 charges
Las Cruces Woman, 46, Booked on Felony Auto Theft and Burglary Charges
CRISTI POSTON | 12 charges
Las Cruces Man, 23, Booked on Felony Vehicle and Domestic Violence Charges
JAIRO LUNA | 3 charges
Las Cruces Man, 18, Charged with Criminal Property Damage
KENNETH OGLESBY | 3 charges
Las Cruces Man, 34, Charged with Unlawful Taking of Motor Vehicle
KEVIN CADENA | 1 charge
Sunland Park Man, 19, Booked on Child Abuse and Motor Vehicle Charges
OSCAR SOSA | 4 charges
Itzel Calderon, 31, of Las Cruces Booked on Shoplifting, Meth, Auto-Theft Counts
ITZEL CALDERON | 7 charges
Chaparral Man, 21, Booked on Armed Robbery, Carjacking and Probation Charges
JAIME OLIVAS | 7 charges
Las Cruces Man, 39, Faces Kidnapping and Aggravated Fleeing Charges After I-10 Arrest
JAMES LINCK | 8 charges
Information provided for general reference. Statutory text is summarized and may not reflect the most recent amendments. All persons listed are presumed innocent until proven guilty.