What is Operating Without Owner’s Consent?

  This is a bit of an addendum to our previous posts about theft.  Iowa has a statute that is relatively unique regarding the taking of an automobile.  Iowa Code §714.7 criminalizes operating a motor vehicle without its owner’s consent.  The main distinction between Operating without Owner’s Consent and Theft of a Motor Vehicle [which is a violation of either Iowa Code §714.2(1) or (2) depending on the value] is the intent to permanently deprive the owner of the vehicle.  The statute also takes the unusual step of explicitly defining Operating without Owner’s Consent as a lesser included offense of Theft when the object of the theft is a motor vehicle.  (Note:  To those who may not know, a lesser included offense is a somewhat complicated concept, which most simply stated, is a crime that lacks a single element of the original crime.  For instance, assault would be a lesser included offense for domestic assault.) 

   This has the interesting effect of requiring that the State prove in a car theft case that the defendant intended to permanently deprive the owner of the vehicle, in addition to the normal elements of theft.  If you’ve been charged with Operating without Owner’s Consent, or been charged with Theft, when you feel you should have been charged with Operating without Owner’s Consent, you may need the help of an Iowa Criminal Law Attorney, like those found at Van Cleaf & McCormack Law Firm.  You can call today to schedule a free consultation.