(1) A person commits equity skimming of a vehicle if, knowing the vehicle is subject to a security interest, lien, or lease, he accepts possession of or exercises any control over the vehicle in exchange for consideration given which may be verbal assurance or otherwise, and:
(a) Obtains or exercises control over the vehicle of another and then sells or
leases the vehicle to a third party without first obtaining written authorization from
the secured creditor, lessor, or lienholder for the transaction of the sale or lease to
the third party, unless the entire balance of the security interest, lien, or lease is
paid or satisfied within thirty days of said transaction; or
(b) Arranges the sale or lease of the vehicle of another to a third party
without first obtaining written authorization from the secured creditor, lessor, or
lienholder for the transaction of the sale or lease to the third party and exercises
control over any part of the funds received, unless the entire balance of the security
interest, lien, or lease is paid or satisfied within thirty days of said transaction; or
(c) Knowingly fails to ascertain on a monthly basis whether payments are
due to the secured creditor, lienholder, or lessor and to apply all funds he receives
for any lease or sale of the vehicle toward the satisfaction of any outstanding
payment due to the secured creditor, lienholder, or lessor in a timely manner.
(2) Equity skimming of a vehicle is:
(a) A petty offense if the amount is less than three hundred dollars;
(b) A class 2 misdemeanor if the amount is three hundred dollars or more but
less than one thousand dollars;
(c) A class 1 misdemeanor if the amount is one thousand dollars or more but
less than two thousand dollars;
(d) A class 6 felony if the amount is two thousand dollars or more but less
than five thousand dollars;
(e) A class 5 felony if the amount is five thousand dollars or more but less
than twenty thousand dollars;
(f) A class 4 felony if the amount is twenty thousand dollars or more but less
than one hundred thousand dollars;
(g) A class 3 felony if the amount is one hundred thousand dollars or more
but less than one million dollars; and
(h) A class 2 felony if the amount is one million dollars or more.
L. 87: Entire part added, p. 671, § 1, effective July 1. L. 89: (2) amended, p. 839, § 74, effective July 1. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3190, § 252, effective March 1, 2022.
