Oklahoma laws protect motorcycle owners from unauthorized use of a motorcycle. This is true for many other states as well. For example, Austin police were investigating the theft of a police motorcycle. Upon locating the motorcycle at a travel plaza, they also found the suspect who was carrying cocaine. The man is now charged with drug charges, theft, and unauthorized use of a motorcycle. This article will explain more about what counts as a motorcycle under Oklahoma law and also the penalties of this crime.
Unauthorized Use of a Motorcycle
What Counts as a Motorcycle?
The technical term motorcycle encompasses a lot more than a standard Harley Davidson or Honda. Under Title 47 § 1-135, the Oklahoma statutes clarify what counts as a motorcycle. First it must be a motorized vehicle with a seat for each rider. You must have 3 wheels or less contacting the ground. Finally, the engine must be 150 cubic cm or more. So, three wheelers and even some Vespas may qualify as motorcycles.
Elements of Unauthorized Use
Now that you know the specifics on what the law considers a motorcycle, we can talk about the elements of unauthorized use. These are still under Title 47 but it is § 4-102 that is relevant. The elements are:
(1) You are not the legal owner of the motorcycle;
(2) The owner has not given permission for you to use it;
(3) You knew you did not have permission; and
(4) With this knowledge you take and use the motorcycle anyway.
Unauthorized Use of a Motorcycle Punishments
Unauthorized use of a motorcycle is a felony crime. Further, this particular felony comes with a potential prison sentence between 1 and 5 years. You will also face fines of $500 to $5,000 depending on the severity of your actions. Fines will double if you are using a motorcycle without permission and you do not have a valid driver’s license.
INFORMATION ON EXPUNGING FELONY CHARGES HERE.
Tulsa County Criminal Lawyers Defend You
Often if a motorcycle is regularly shared between two or more people, allegations can arise. However, this is a difficult case to prove if you have a lawyer on your side to defend you. Your initial consultation is free. Get a Free consultation with a criminal defense attorneys at Tulsa County Lawyers Group So call us at 918.379.4864 or click here to get an online today.
