Is Joyriding a Felony in Missouri? Tampering vs. Stealing a Motor Vehicle

Is joyriding a felony in Missouri? Usually, yes. Missouri has no crime called "joyriding." Knowingly driving someone else's car without the owner's consent is generally charged as first-degree tampering, a class D felony, even if you always planned to bring the car back. If prosecutors believe the driver meant to keep the car or otherwise deprive the owner of it, the charge can be stealing instead. A passenger can face a separate tampering charge.

This post focuses on the gap between "borrowing" and "stealing." For car theft charges more broadly, see our motor vehicle theft defense page.

Short answer: joyriding is usually a felony in Missouri

Driving the car: first-degree tampering

Under RSMo 569.080, a person commits first-degree tampering if he or she "knowingly receives, possesses, sells, or unlawfully operates an automobile … or other motor-propelled vehicle without the consent of the owner thereof." Subsection 3 makes the offense a class D felony.

The statute does not require any intent to keep the car. Knowingly driving it without the owner's consent is enough. The same subdivision also covers someone who knowingly receives or possesses a vehicle without the owner's consent.

Riding along: second-degree tampering

A passenger may be charged under RSMo 569.090. That statute covers anyone who "unlawfully rides in or upon another's automobile" or other motor vehicle. The charge is a class A misdemeanor, with one important exception. It becomes a class D felony if the person has a prior conviction or finding of guilt for one of two offenses:

• stealing a motor vehicle, or
• this same riding offense.

The riding provision uses the word "unlawfully" and does not name a mental state. Missouri has a general rule for that situation in RSMo 562.021. When an offense does not state a mental state, one is generally still required, and it is established if the person acted purposely or knowingly. What a passenger actually knew about how the car was obtained is often a central question.

Tampering vs. stealing: intent is the difference

Stealing under RSMo 570.030 requires that a person "appropriates property or services of another with the purpose to deprive him or her thereof." The taking must be without consent or by deceit or coercion. Under Missouri's definitions, "appropriate" means to "take, obtain, use, transfer, conceal, retain or dispose."

"Deprive" also has a specific meaning, set out in RSMo 570.010. It means any of the following:

1. To withhold property from the owner permanently.
2. To restore property only upon payment of a reward or other compensation.
3. To use or dispose of property in a way that makes the owner's recovery unlikely.

First-degree tampering has no such requirement. So the line between "borrowing" and "stealing" usually comes down to what the state can prove about the person's purpose. Facts that relate to that definition can matter a great deal:

• whether the car came back,
• whether it was sold or taken apart,
• whether it was left somewhere the owner was unlikely to find it, and
• whether anyone demanded money to return it.

Stealing also covers receiving, keeping or disposing of property "knowing that it has been stolen, or believing that it has been stolen," when the purpose is to deprive the owner of a lawful interest in it. For more on stealing offenses generally, see our theft crimes page.

Penalty ranges (as of 2026)

Prison and jail ranges come from RSMo 558.011. Fine limits come from RSMo 558.002.

A few notes on the table:

• Value can raise a stealing charge. Any motor vehicle is at least a class D felony, whatever it is worth. Stealing property worth $25,000 or more is a class C felony.
• Prior offenses must be proven. For stealing, enhancements based on earlier findings of guilt must be pleaded and proven in the way RSMo 558.021 requires (RSMo 570.030.9).
• Fines can be based on gain. If a person gained money or property from the offense, the court may instead set a fine of up to double the amount gained.
• Jail instead of prison is possible for class D felonies. For class D felonies, the court has discretion to impose a special term of up to one year in the county jail (RSMo 558.011.5).
• Restitution is common. Courts commonly order repayment to the owner for damage or loss as part of a sentence.

A felony conviction also has consequences beyond the sentence itself. It can affect firearm rights, jobs and housing. Our felony defense page covers more.

A note for St. Charles County

The St. Charles County Prosecuting Attorney's office runs a free, six-month diversion program called T.R.E.N.D. for certain first-time, non-violent offenders. The prosecutor's office decides which cases are eligible. The county's description does not say whether vehicle tampering qualifies.

Common situations: a parent's car, a friend's car, an ex's car

Many of these cases involve people who know each other, and the core question is usually consent. Missouri's criminal code says consent "may be expressed or implied" (RSMo 556.061). So any of these facts may be relevant:

• a history of being allowed to use the car,
• a shared set of keys, or
• a household understanding about who drives the car.

The same section says assent does not count as consent if it was induced by force, duress or deception.

Other issues that come up:

• The owner changes their mind. A parent, spouse or friend may later want to "drop the charges." They can tell the prosecutor how they feel. Even so, the prosecutor, not the owner, generally decides whether a filed case goes forward.
• Shared or co-owned cars. Tampering is defined in terms of consent from "the owner." A car may be co-owned, recently sold or tied up in title problems. In those cases, who legally owns it can become a real question.
• Rentals, car-sharing and test drives. Sometimes a car simply was not returned on time. Then the terms of the agreement and what each person understood can matter. An attorney would look closely at these facts.

Possible defenses an attorney may evaluate

Whether any defense fits depends entirely on the facts. Issues an attorney may examine include the following:

• Consent, or a belief in consent. For tampering, the state must prove the vehicle was operated without the owner's consent. First-degree tampering also requires that the person acted knowingly. An honest belief that you had permission may bear on those elements.
• Claim of right (stealing only). Under RSMo 570.070, a person does not commit stealing under 570.030 if they honestly believed they had the right to take the property. The same applies if they honestly believed the owner, if present, would have consented. The statute names only stealing, so it does not apply to tampering charges. The defense has the "burden of injecting the issue." Under RSMo 556.061, that means the issue must be supported by evidence. Once it goes to the judge or jury, any reasonable doubt on it requires a finding for the defendant.
• Lack of knowledge. What the person knew often matters, especially for passengers and for people who got a car from someone else.
  • In a first-degree tampering prosecution under RSMo 569.080.1(2), the statute allows two kinds of evidence to prove knowledge, but only after the court finds that the evidence's probative value outweighs its prejudicial effect (RSMo 569.080.2). The evidence is that the person handled a vehicle unlawfully on a separate occasion, or that they acquired it at a price they knew was far below its reasonable value.
  • That evidence rule is part of the first-degree tampering statute only. It does not appear in the second-degree tampering statute that covers riding in a vehicle.
• Identification and evidence. An attorney may question whether the right person was identified and whether evidence was gathered lawfully.

If the accused is under 18

Under RSMo 211.031, the juvenile court has exclusive original jurisdiction over a person accused of violating a state law before turning 18. That means most cases involving 16- and 17-year-olds start in juvenile court.

Transfer to adult court (called certification) is possible in some cases. This summary uses the text of RSMo 211.071 as published on the Revisor's site as of 2026.

• The court may hold a certification hearing for a child between 14 and 18 accused of any of these:
  • a class A or B felony,
  • a felony under chapter 566, or
  • three felonies from distinct acts within 180 days.
• A hearing is required in these situations:
  • certain listed serious offenses,
  • dangerous felonies,
  • felonies involving a deadly weapon, or
  • when the child has two or more prior unrelated felony-level offenses.

Under that text, a single class D tampering or motor-vehicle stealing allegation generally does not, by itself, open the door to certification. See our juvenile crimes page for more.

Can a tampering or stealing conviction be expunged?

Possibly. As of 2026, the waiting periods under RSMo 610.140 are:

• at least three years for a felony, and
• at least one year for a misdemeanor.

The waiting period runs from the date the person completed the sentence or other disposition. During that time, the person must have no new misdemeanor or felony findings of guilt, though certain traffic violations do not count.

There are lifetime limits of two felonies and three misdemeanors or ordinance violations that carry possible jail time.

Some offenses are excluded entirely, including all class A felonies. Whether a particular tampering or stealing conviction qualifies should be checked against the current statute.

An expunged offense can still be counted as a prior offense when a court sentences a later offense. That matters for the repeat-offense enhancements described above. Learn more on our expungements page.

Talk to a defense attorney

If you or your child has been charged with tampering or stealing a motor vehicle, an attorney can review the facts, the charge and the available options. JMH Law Firm, LLC has offices in St. Charles and Brentwood. Call 314-827-6222 or contact us online.

This post is general information, not legal advice; for advice about your situation, speak with an attorney.