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Old 09-28-2002, 09:18 AM   #11
Dressler1216
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Join Date: Sep 2002
Posts: 1
Exclamation my advice,... get a lawyer

Section 31.07 of the Texas Penal Code states:

TX PENAL § 31.07
§ 31.07. Unauthorized Use of a Vehicle

(a) A person commits an offense if he intentionally or knowingly operates another's boat, airplane, or motor-propelled vehicle without the effective consent of the owner.
(b) An offense under this section is a state jail felony.

You may argue that the operative term "effective consent" would allow you off the hook because, arguendo, the owner of the Mustang "consented" to you taking possession of the vehicle and using it for the purpose of repairing it. But, Section 31.01 of the Texas Penal Code states [in part]:

TX PENAL § 31.01
§ 31.01. Definitions

(3) "Effective consent" includes consent by a person legally authorized to act for the owner. Consent is not effective if:
(A) induced by deception or coercion;

The consent that was given for the express or implied purpose of repair has been nullified by the bad acts which you perpetrated upon her vehicle and solidified into a criminal offense by your statement of intent to joy ride posted on this board.

There is a mistatement of law on this board where someone stated that you could always say that someone else typed your messages and name. Investigators can subpoena the IP records, e-mail records, your name, log on times, address and phone number from this message board, your ISP and your place of business in order to bring criminal prosecution against you. Your statement that you were not ther person posting from your terminal would be weighed by a jury and they would decide whether or not you were the person posting the message. Given the veracity of the statements made and their content,... I believe a jury would find against you.

It would be in your best interests to hire a lawyer.
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