(1) A person commits unauthorized use of a motor vehicle if the person obtains or exercises control over the motor vehicle of another person without authorization of the owner and:
(a) The person does not commit a criminal offense other than a misdemeanor
traffic offense except eluding a police officer as described in section 42-4-1413 in
the course of obtaining control over or in the exercise of control of a motor vehicle;
and
(b) The motor vehicle is returned to the owner or recovered by law
enforcement within twenty-four hours after being reported as missing or stolen by
the owner, with no damage to the motor vehicle.
(2) Unauthorized use of a motor vehicle is a class 1 misdemeanor; except that
a second or subsequent offense for a violation of this section is a class 5 felony.
(3) As used in this section, unless the context otherwise requires, motor
vehicle has the same meaning as defined in section 18-4-409.
L. 2023: Entire section added, (SB 23-097), ch. 309, p. 1888, § 2, effective July 1.
