Pennsylvania Jury Instruction - Motor Vehicles - Carjacking
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§ 3928. Unauthorized use of automobiles and other vehicles. (a) Offense defined. --A person is guilty of a misdemeanor of the second degree if he operates the automobile, airplane, motorcycle, motorboat, or other motor-propelled vehicle of another without consent of the owner.
The prosecution does not have to prove in a UUMV case the person charged actually stole the vehicle. The prosecution only has to prove that the accused used the motor vehicle without the owner's permission. Theft requires that the state prove the accused actually took the motor vehicle or helped to take the vehicle.
The use of the car by the mechanic for a personal matter unrelated to repairing it is an unauthorized use of a vehicle. You borrow a car from a friend, and agree to return it within a week. You keep the car for three weeks without seeking permission from your friend.
Pursuant to Pennsylvania Suggested Standard Criminal Jury Instruction 3.21B, ?the jury is allowed to draw a common-sense inference that [an] item would have been evidence unfavorable to that party? when ?there is no satisfactory explanation for [that] party's failure to produce an item,? and (1) ?the item is available ...
Unauthorized use of a motor vehicle is graded as a 2nd Degree Misdemeanor punishable by up to 2 years in jail and a $5000 fine.
$2,000.00 or more is felony theft in PA. If the value of the property taken is $2,000.00 or more, the offender faces felony charges. In addition, if the offense involves a motor vehicle, boat, or airplane, the offense is a felony.