There are many statutes under Pennsylvania law dealing with Theft Crimes specifically Unauthorized Use of an automobile. They range from minor traffic violations to DUI to theft of an automobile. Drivers can also find themselves being charged with a motor vehicle violation if they are driving one that does not belong to them and they don't have the owner's permission to do so. burglary Officially, this is known as unauthorized use of an automobile and is defined under section 3928 of the Pa criminal code. This offense is considered a type of theft. Due to this fact, it is a misdemeanor of the second degree which can carry a jail sentence of up to two years. Built into the statute is an affirmative defense. The defense essentially is that the person operating the vehicle had a reasonable belief that the owner would have consented to them using the vehicle had the owner known about it. While it is a type of theft, it is considered a lesser offense than other types of vehicle thefts.