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Old June 21st 05, 03:26 PM
Gary Drescher
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"Matt Barrow" wrote in message
...

"Gary Drescher" wrote in message
...
"Matt Barrow" wrote in message
...
Well, many states finding figured out that downplaying car theft to
"joyriding" had averse effect


Evidence please?

Well, in the early 90's, Colorado boosted their law on auto theft for that
reason. And I understand Arizona did likewise in the mid 90's. I suspect
there's more than just the two I'm familiar with.


In addition to your having no evidence to support your assertion that lesser
penalties for unauthorized joyriding have been found to have "adverse
effect", it turns out that the criminal codes in both Colorado and Arizona
(the only examples you cited) do in fact provide for lesser offenses and
penalties for joyriding than for theft.

Arizona's article 13-1803 defines the offense of "Unlawful use of means of
transportation": "A person commits unlawful use of means of transportation
if, without intent permanently to deprive, the person either: 1. Knowingly
takes unauthorized control over another person's means of transportation. 2.
Knowingly is transported or physically located in a vehicle that the person
knows or has reason to know is in the unlawful possession of another person
pursuant to paragraph 1 or section 13-1814.".

Colorado makes an even more sweeping distinction between theft and temporary
unauthorized use. In Colorado, the distinction isn't limited to vehicles,
but applies to theft in general. Colorado's article 18-4-401 defines theft
as follows: "(1) A person commits theft when he knowingly obtains or
exercises control over anything of value of another without authorization,
or by threat or deception, and: (a) Intends to deprive the other person
permanently of the use or benefit of the thing of value; or (b) Knowingly
uses, conceals, or abandons the thing of value in such manner as to deprive
the other person permanently of its use or benefit; or (c) Uses, conceals,
or abandons the thing of value intending that such use, concealment, or
abandonment will deprive the other person permanently of its use and
benefit; or (d) Demands any consideration to which he is not legally
entitled as a condition of restoring the thing of value to the other
person."

--Gary