643.355. Illegal acts, penalties.

Illegal acts, penalties.

643.355. 1. Any person who knowingly misrepresents himself orherself as an official emissions inspection station or an inspector or arecognized repair technician is guilty of a class C misdemeanor for thefirst offense and a class B misdemeanor for any subsequent offense. Anyperson who is found guilty or who has pleaded guilty to a violation of thissubsection shall be considered to have committed an offense for thepurposes of this subsection.

2. Any person who knowingly manufactures, conveys or possesses anycounterfeit or illegally obtained emissions inspection certificate or acounterfeit or illegally obtained emissions inspection sticker is guilty ofa class C misdemeanor for the first offense and a class B misdemeanor forany subsequent offense. Any person who is found guilty or who has pleadedguilty to a violation of this subsection shall be considered to havecommitted an offense for the purposes of this subsection.

3. Any person who knowingly displays or permits to be displayed, onany motor vehicle owned by such person, any counterfeit or illegallyobtained emissions inspection sticker is guilty of an infraction.

4. Any person who knowingly uses any counterfeit or illegallyobtained emissions inspection certificate for the purpose of obtaining anymotor vehicle registration is guilty of an infraction for the firstoffense, a class C misdemeanor for the second offense and a class Bmisdemeanor for any subsequent offense.

5. Any person who knowingly operates a motor vehicle required to beinspected and approved pursuant to sections 643.300 to 643.355 withoutdisplaying a valid emissions inspection sticker as required pursuant tosection 643.315 is guilty of an infraction for the first offense, a class Cmisdemeanor for the second offense and a class B misdemeanor for anysubsequent offense.

6. Except as otherwise provided in this section, any person whoviolates a requirement of sections 643.300 to 643.355 or a rule promulgatedto enforce sections 643.300 to 643.355 is guilty of an infraction.

7. The superintendent of the highway patrol may seize documents whichthe superintendent suspects are counterfeit or illegally obtained inviolation of this section for the purpose of enforcing this section. Anyperson who violates any procedural requirement of sections 643.300 to643.355 is subject to a fine, and such fine shall be not less than fivetimes the amount of the fee charged pursuant to section 643.350 or onehundred dollars, whichever is greater, if the violation is intentional orone involving gross negligence.

(L. 1994 S.B. 590, A.L. 1999 H.B. 603, et al. merged with S.B. 19)