1. Having custody of a motor vehicle pursuant to an agreement between himself/herself or another and the owner thereof whereby he/she or another is to perform for compensation a specific service for the owner involving the maintenance, repair or use or storage of such vehicle, he/she intentionally uses or operates the same, without the consent of the owner, for his/her own purposes in a manner constituting a gross deviation from the agreed purpose.

2. Having custody of a motor vehicle pursuant to an agreement between himself/herself or another and the owner thereof whereby the motor vehicle was to be used for an agreed purpose, he/she intentionally uses or operates the same, without the consent of the owner, for his/her own purposes in a manner constituting a gross deviation from the agreed purpose.