55-5-203 - Violations and penalties.
55-5-203. Violations and penalties.
(a) It is an offense to:
(1) Knowingly own, operate or conduct a chop shop;
(2) Transport any motor vehicle or motor vehicle component part to or from a location, knowing the location to be a chop shop;
(3) Purchase or receive any motor vehicle or motor vehicle component part from a location knowing the location to be a chop shop; or
(4) Sell or transfer any motor vehicle or motor vehicle component part to a location knowing the location to be a chop shop.
(b) A violation of subdivision (a)(1) or (a)(2) is a Class D felony. In addition to the authorized term of imprisonment for a Class D felony, the violation shall also be punished by a minimum mandatory fine of three thousand five hundred dollars ($3,500).
(c) A violation of subdivision (a)(3) shall be punished as theft pursuant to § 39-14-103 and graded pursuant to § 39-14-105 depending upon the value of the motor vehicle or motor vehicle component part purchased or received.
(d) The penalty for a violation of subdivision (a)(4) shall be graded pursuant to § 39-14-105 depending upon the value of the motor vehicle or motor vehicle component part sold or transferred.
(e) In addition to any other punishment, a person convicted of a violation of this section shall be ordered to make restitution to the lawful owner or owners of the stolen motor vehicle or motor vehicle component part, or to the owner's insurer, and to any other person for financial loss sustained as a result of a violation of this section.
(1) Financial loss includes, but is not limited to, loss of earnings, out-of-pocket and other expenses, repair and replacement costs and claims payments; and
(2) Lawful owner includes an innocent bona fide purchaser of a motor vehicle or motor vehicle component part who does not know the motor vehicle or motor vehicle component part to be stolen.
(f) The court shall determine the extent and method of restitution.
[Acts 2000, ch. 941, § 1.]