Question:

N.y.state penal law code 110/165.05 definition

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define meaning of code

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  1. It appears to be attempted unauthorized use of a vehicle. Basically, doing some act in furtherance of stealing a car or truck. Trying to steal it or operate it without consent, but just not quite getting it going or taking control of it. Might be something like prying off the lock cover but not getting it started.  


  2. Most States have a site where you can look up such codes and what they mean on the internet.  

  3. "S 110.00 Attempt to commit a crime.

      A person is guilty of an attempt to commit a crime when, with intent

    to commit a crime, he engages in conduct which tends to effect the

    commission of such crime.

    S 110.05 Attempt to commit a crime; punishment.

      An attempt to commit a crime is a:

      1. Class A-I felony when the crime attempted is the A-I felony of

    murder in the first degree, criminal possession of a controlled sub-

    stance in the first degree or criminal sale of a controlled substance in

    the first degree;

      2. Class A-II felony when the crime attempted is a class A-II felony;

      3. Class B felony when the crime attempted is a class A-I felony

    except as provided in subdivision one hereof;

      4. Class C felony when the crime attempted is a class B felony;

      5. Class D felony when the crime attempted is a class C felony;

      6. Class E felony when the crime attempted is a class D felony;

      7. Class A misdemeanor when the crime attempted is a class E felony;

      8. Class B misdemeanor when the crime attempted is a misdemeanor.

    S 110.10 Attempt to commit a crime; no defense.

      If the conduct in which a person engages otherwise constitutes an

    attempt to commit a crime pursuant to section 110.00, it is no defense

    to a prosecution for such attempt that the crime charged to have been

    attempted was, under the attendant circumstances, factually or legally

    impossible of commission, if such crime could have been committed had

    the attendant circumstances been as such person believed them to be."

    In other words, if you meant to commit the crime, it doesn't matter if you were stopped BEFORE actually committing it.

    "S 165.05 Unauthorized use of a vehicle in the third degree.

      A person is guilty of unauthorized use of a vehicle in the third

    degree when:

      1. Knowing that he does not have the consent of the owner, he takes,

    operates, exercises control over, rides in or otherwise uses a vehicle.

    A person who engages in any such conduct without the consent of the

    owner is presumed to know that he does not have such consent; or

      2. Having custody of a vehicle pursuant to an agreement between

    himself or another and the owner thereof whereby he or another is to

    perform for compensation a specific service for the owner involving the

    maintenance, repair or use of such vehicle, he intentionally uses or

    operates the same, without the consent of the owner, for his own

    purposes in a manner constituting a gross deviation from the agreed

    purpose; or

      3. Having custody of a vehicle pursuant to an agreement with the owner

    thereof whereby such vehicle is to be returned to the owner at a

    specified time, he intentionally retains or withholds possession

    thereof, without the consent of the owner, for so lengthy a period

    beyond the specified time as to render such retention or possession a

    gross deviation from the agreement.

      For purposes of this section "a gross deviation from the agreement"

    shall consist of, but not be limited to, circumstances wherein a person

    who having had custody of a vehicle for a period of fifteen days or less

    pursuant to a written agreement retains possession of such vehicle for

    at least seven days beyond the period specified in the agreement and

    continues such possession for a period of more than two days after

    service or refusal of attempted service of a notice in person or by

    certified mail at an address indicated in the agreement stating (i) the

    date and time at which the vehicle was to have been returned under the

    agreement; (ii) that the owner does not consent to the continued

    withholding or retaining of such vehicle and demands its return; and

    that continued withholding or retaining of the vehicle may constitute a

    class A misdemeanor punishable by a fine of up to one thousand dollars

    or by a sentence to a term of imprisonment for a period of up to one

    year or by both such fine and imprisonment.

      Unauthorized use of a vehicle in the third degree is a class A misdemeanor."

    If You take a vehicle without owners permission, or use it in a way that the owner didn't intend...

    Contact a Lawyer, surely they can explain it to you, and you should get one anyway, if you have been charged.

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