Title 16, Chapter 8, Section 83
( 16-8-83)
(a) Any person who knowingly and with intent: (1) Owns, operates, or conducts a chop shop; (2) Transports any motor vehicle or motor vehicle part to or from
a location knowing it to be a chop shop; or (3) Sells, transfers, purchases, or receives any motor vehicle or
motor vehicle part either to or from a location knowing it to be a
chop shop shall be guilty of a felony and, upon conviction thereof, shall be
punished by imprisonment for not less than three years nor more than
ten years, by a fine of not more than $100,000.00, or by both such
fine and imprisonment. (b) Any person who knowingly alters, counterfeits, defaces,
destroys, disguises, falsifies, forges, obliterates, or removes a
vehicle identification number with the intent to misrepresent the
identity or prevent the identification of a motor vehicle or motor
vehicle part shall be guilty of a felony and, upon conviction
thereof, shall be punished by imprisonment for not less than one
year nor more than ten years, by a fine of not more than $50,000.00,
or by both such fine and imprisonment. (c)(1) Any person who buys, disposes, sells, transfers, or
possesses a motor vehicle or motor vehicle part with knowledge
that the vehicle identification number of the motor vehicle or
motor vehicle part has been altered, counterfeited, defaced,
destroyed, disguised, falsified, forged, obliterated, or removed
shall be guilty of a felony and, upon conviction thereof, shall be
punished by imprisonment for not less than one year nor more than
ten years, by a fine of not more than $50,000.00, or by both such
fine and imprisonment. (2) The provisions of paragraph (1) of this subsection shall not
apply to a motor vehicle scrap processor who, in the normal legal
course of business and in good faith, processes a motor vehicle or
motor vehicle part by crushing, compacting, or other similar
methods, provided that any vehicle identification number is not
removed from the motor vehicle or motor vehicle part prior to or
during any such processing. (3) The provisions of paragraph (1) of this subsection shall not
apply to any owner or authorized possessor of a motor vehicle
recovered by law enforcement authorities after having been stolen
or where the condition of the vehicle identification number of the
motor vehicle or motor vehicle part is known to or has been
reported to law enforcement authorities. It shall be presumed
that law enforcement authorities have knowledge of all vehicle
identification numbers on a motor vehicle or motor vehicle part
which are altered, counterfeited, defaced, disguised, falsified,
forged, obliterated, or removed when law enforcement authorities
deliver or return the motor vehicle or motor vehicle part to its
owner or authorized possessor after it has been recovered by law
enforcement authorities after having been reported stolen. (d) A person commits the offense of attempted operation of a chop
shop when, with the intent to commit a violation proscribed by
subsection (a), (b), or (c) of this Code section, the person does
any act which constitutes a substantial step toward the commission
of a violation proscribed by subsection (a), (b), or (c) of this
Code section; and such person shall be guilty of a felony and, upon
conviction thereof, shall be punished by imprisonment for not less
than one year nor more than five years, by a fine of not more than
$25,000.00, or by both such fine and imprisonment. (e) A person commits the offense of conspiracy when, with the intent
that a violation proscribed by subsection (a), (b), or (c) of this
Code section be committed, the person agrees with another to the
commission of a violation proscribed by subsection (a), (b), or (c)
of this Code section; and such person shall be guilty of a felony
and, upon conviction thereof, shall be punished by imprisonment for
not less than one year nor more than five years, by a fine of not
more than $25,000.00, or by both such fine and imprisonment. No
person may be convicted of conspiracy under this subsection unless
an act in furtherance of such agreement is alleged and proved to
have been committed by that person or a coconspirator. (f) A person commits the offense of solicitation when, with the
intent that a violation proscribed by subsection (a), (b), or (c) of
this Code section be committed, the person commands, encourages, or
requests another to commit a violation proscribed by subsection (a),
(b), or (c) of this Code section; and such person shall be guilty of
a felony and, upon conviction thereof, shall be punished by
imprisonment for not less than one year nor more than five years, by
a fine of not more than $25,000.00, or by both such fine and
imprisonment. (g) A person commits the offense of aiding and abetting when, either
before or during the commission of a violation proscribed by
subsection (a), (b), or (c) of this Code section and with the intent
to promote or facilitate such commission, the person aids, abets,
agrees, or attempts to aid another in the planning or commission of
a violation proscribed by subsection (a), (b), or (c) of this Code
section; and such person shall be guilty of a felony and, upon
conviction thereof, shall be punished by imprisonment for not less
than one year nor more than five years, by a fine of not more than
$25,000.00, or by both such fine and imprisonment. (h) A person is an accessory after the fact who maintains, assists,
or gives any other aid to an offender while knowing or having
reasonable grounds to believe the offender has committed a violation
under subsection (a), (b), or (c) of this Code section; and such
person shall be guilty of a felony and, upon conviction thereof,
shall be punished by imprisonment for not less than one year nor
more than five years, by a fine of not more than $25,000.00, or by
both such fine and imprisonment. (i) No prosecution shall be brought and no person shall be convicted
of any violation under this Code section where the acts of such
person otherwise constituting a violation were done in good faith in
order to comply with the laws or regulations of any state or
territory of the United States or of the United States government. (j) The sentence imposed upon a person convicted of any violation of
this Code section shall not be reduced to less than one year of
imprisonment for a second conviction or less than five years for a
third or subsequent conviction, and no sentence imposed upon a
person for a second or subsequent conviction of any violation of
this Code section shall be suspended or reduced until such person
shall have served the minimum period of imprisonment provided for in
this Code section. A person convicted of a second or subsequent
violation of this Code section shall not be eligible for probation,
parole, furlough, or work release. (k)(1) In addition to any other punishment, a person who violates
this Code section shall be ordered to make restitution to the
lawful owner or owners of the stolen motor vehicle or vehicles or
the stolen motor vehicle part or parts, to the owner's insurer to
the extent that the owner has been compensated by the insurer, and
to any other person for any financial loss sustained as a result
of a violation of this Code section. (2) For purposes of this Code section, the term: (A) "Financial loss" shall include, but not be limited to, loss
of earnings, out-of-pocket and other expenses, repair and
replacement costs, and claims payments. (B) "Lawful owner" shall include an innocent bona fide purchaser
for value of a stolen motor vehicle or motor vehicle part who
does not know that the motor vehicle or part is stolen or an
insurer to the extent that such insurer has compensated a bona
fide purchaser for value. (3) The court shall determine the extent and method of restitution
required under this subsection. In an extraordinary case, the
court may determine that the best interests of the victim and
justice would not be served by ordering restitution. In any such
case, the court shall make and enter specific written findings on
the record concerning the extraordinary circumstances presented
which mitigated against restitution. |