§ 30-16D-2. Embezzlement of a vehicle or motor vehicle

A. Embezzlement of a vehicle or motor vehicle consists of a person embezzling or converting to the person's own use a vehicle or motor vehicle as defined by the Motor Vehicle Code, with which the person has been entrusted, with the fraudulent intent to deprive the owner of the vehicle or motor vehicle. B. Whoever commits embezzlement of a vehicle or motor vehicle is guilty of a: (1) fourth degree felony for a first offense; (2) third degree felony for a second offense; and (3) second degree felony for a third or subsequent offense.