55-5-104 - Temporary taking of vehicle Joyriding Obtaining possession fraudulently Neglect to return Class E felony.
55-5-104. Temporary taking of vehicle Joyriding Obtaining possession fraudulently Neglect to return Class E felony.
(a) Any person who, with intent to defraud the owner of any motor vehicle or a person in lawful possession of the motor vehicle, obtains possession of the vehicle from the owner, or the servant, agents or employees of the owner, by agreeing in writing, to pay a rental for use of the vehicle based in whole or part on the distance the vehicle is driven, commits a Class E felony.
(b) Obtaining possession of the vehicle by means of trick, false or fraudulent misrepresentation, or false impersonation of another, or by giving a bad or worthless check as a deposit or in payment of the rental, in obtaining possession of the vehicle, shall be prima facie evidence of intent to defraud.
(c) Any person who, after hiring, leasing or renting a motor vehicle under an agreement in writing, which provides for return of the vehicle to a particular place, or at a particular time, abandons this vehicle, or refuses or willfully neglects to return the vehicle to the place and at the time specified in the agreement, or who secretes, converts, sells or attempts to sell the motor vehicle, or any part of the motor vehicle, commits a Class E felony.
(d) The failure, or refusal, or neglect to return the vehicle within seventy-two (72) hours subsequent to the date or time specified in the written agreement shall be prima facie evidence of willful intent to violate this section; provided, that failure, refusal or neglect to return the vehicle within the seventy-two-hour period shall not be evidence of willful intent if the person provides written notification to the owner within the seventy-two-hour period of the person's intention to return the vehicle and returns the vehicle within twenty-four (24) hours of the notification, or when agreed upon by the owner and the person, and if the person pays the fair rental value for the vehicle.
(e) A violation of this section is a Class E felony.
[Acts 1921, ch. 17, § 1; Shan. Supp., § 6567a4; Code 1932, § 10948; Acts 1961, ch. 108, § 1; T.C.A. (orig. ed.), § 59-504; Acts 1989, ch. 591, §§ 5, 53; 1996, ch. 736, § 1.]