301.401. Special mobile equipment and tires, defacing serial number prohibited--penalty.
Special mobile equipment and tires, defacing serial numberprohibited--penalty.
301.401. 1. Any person who removes, covers, alters, ordefaces, or causes to be destroyed, removed, covered, altered, ordefaced, the manufacturer's serial number, the motor number orother distinguishing number on special mobile equipment orspecial mobile equipment tires, the property of another, for anyreason, shall be deemed guilty of a class D felony. Further, anyperson who knowingly buys, sells, receives, disposes of, concealsor has in his possession special mobile equipment or specialmobile equipment tires from which the manufacturer's serialnumber, motor number or other distinguishing number has beenremoved, covered, altered, defaced or destroyed shall be deemedguilty of a class D felony.
2. Every peace officer who has probable cause to believethat and has knowledge of an item of special mobile equipment onwhich the original manufacturer's distinguishing number has beenremoved, covered, altered, or defaced shall be authorized toseize immediately and to take possession of said item of specialmobile equipment.
3. If at any time while such special mobile equipmentremains in the custody of the law enforcement authority havingseized it, the true owner thereof shall appear and prove to thesatisfaction of such law enforcement authority his ownership ofand entitlement to said item of special mobile equipment, itshall be returned to said owner subject to its being madeavailable for use in any criminal prosecution under this section.
4. If, after twelve months, no person has appeared andproved he is the true owner of an item of special mobileequipment seized under this section, the court in which suchprosecution was begun may advertise and sell said item of specialmobile equipment under such terms as are reasonable. Theproceeds of such sale shall be applied, first, to the payment ofany expenses incurred in association with such sale; second, tothe payment of the fine and costs of prosecution; and thebalance, if any, shall be paid over to the county commission ofthe county in which the prosecution was begun for its applicationto that county's general revenues.
(L. 1980 H.B. 995 & 1051)Effective 6-20-80