What is joyriding?
Joyriding is a slang term to describe the taking and operating of a car or boat without the owner’s consent.
There is no offence of ‘joyriding’ in Canada’s Criminal Code. Instead, in section 335, the Code describes the summary offence of taking a motor vehicle or vessel (boat, including a hovercraft) without consent with the intent to drive, use, navigate or operate it.
An occupant of a motor vehicle or vessel who is aware that it was taken without the owner’s consent can also be charged under section 335. There is an exception for an occupant who tries to or does leave the motor vehicle or vessel after they learn it was taken without the owner’s consent.
Last reviewed: June 2024
Does joyriding apply to boats too?
Yes, section 335 of the Criminal Code covers boats as well. If someone takes a boat and operates it without the owner’s consent, they may be charged with joyriding.
Last reviewed: June 2024
What if you don’t know the driver does not have consent to use the vehicle or boat you’re in?
You are not guilty of an offence under section 335 of the Criminal Code if you don’t know the driver does not have consent to use the motor vehicle or vessel. You are also not guilty of this offence if you try to or do leave the motor vehicle or vessel after learning it was taken without the owner’s consent.
To be guilty, you must be aware the owner did not consent to their motor vehicle or vessel being used.
Last reviewed: June 2024
Is joyriding usually committed by kids?
Youth sometimes commit this offence. For example, the youth may take their parent’s car without the parent’s consent. They do not intend to steal it and later return or abandon the vehicle.
If a youth under 18 years of age commits a crime in Canada, the Youth Criminal Justice Act (YCJA) applies. To learn more about the YCJA, read our Introduction to the YCJA FAQs.
Last reviewed: June 2024
What are the penalties for joyriding?
Because it is a summary offence, the penalty is less serious and the process is normally faster, compared to an indictable offence.
A person charged under section 335 can be fined up to $5,000, jailed up to 2 years, or both.
Last reviewed: June 2024
Is joyriding the same thing as stealing a car?
No. Stealing a car is considered theft. Theft requires the accused to intend to deprive the rightful owner and take the property for themselves.
When an individual is convicted of joyriding, the accused only intends to use or drive the vehicle without the owner’s consent. They do not intend to make the property their own or deprive the rightful owner.
Last reviewed: June 2024
Resources
- More FAQs
- Canada’s Criminal Code
- Canadian Charter of Rights and Freedoms