These things vary from state to state, but I just looked at three criminal defense attorney websites in the State of Texas and they all support what I said.
Unauthorized use, NOT theft, where no intent to permanently deprive. It is still a serious offense, chargeable as a felony.
The third example even says that prosecutors will usually just go with unauthorized use, to AVOID having to prove the intent to permanently deprive which is always a part of theft.
Peveto law firm from Plano:
The chief defenses for grand theft auto charges involve consent (you had permission to use the vehicle) and intent (you did not mean to keep the vehicle).
Peter Barret of Dallas
Texas Auto Theft Statutes
You’re probably familiar with the video game, Grand Theft Auto or GTA. In Texas, our statutes that address stealing vehicles are not specifically called “auto theft” or grand theft auto.” Instead, auto theft is covered under Title 7, Chapter 31 of the Texas Penal Code, Theft. Under Sec. 31.03(a) of the Texas Penal Code, a person commits “theft” when he or she “unlawfully appropriates property with the intent to deprive the owner of property.”
Jason Trumpler of Austin:
Auto theft in Texas is generally charged in a very generic way. In Texas, auto theft is typically governed under Penal Code Section 31.07. Auto theft in Texas is generally charged as Unauthorized Use of a Vehicle, which is a State Jail Felony, punishable by 6 months to 2 years in the State Jail, day for day, and a fine not to exceed $10,000. Prosecutors sometimes charge auto theft under the general theft statute. Most prosecutors only do this if the value of the automobile is greater than $30,000, thereby making the theft offense chargeable as a third-degree felony, punishable by 2 to 10 years in the Texas Department of Corrections of a fine not to exceed $10,000.
Proving the offense of unauthorized use of a vehicle is rather easy. 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. Unlike the general theft statute, it does not require the intent to deprive the owner of the property. This makes the offense of joyriding a state jail felony. Simply taking a car without the owner’s consent is unauthorized use of a motor vehicle. This is why prosecutors usually charge auto theft as unauthorized use of a motor vehicle. This keeps the prosecutor from having to mess with the whole intent issue at trial.
“These things vary from state to state”
That’s why one should look at the statutes. Florida theft is worded ‘temporarily or permenently’
“no intent to permanently deprive.”
Does not have to be permanent.
” In Texas, our statutes that address stealing vehicles are not specifically called “auto theft” or grand theft auto.”
I dont know of any state that has a grand theft auto statute.