Kentucky Statutes 514.120 – Obscuring identity of machine or other property
Current as of: 2024 | Check for updates
|
Other versions
(1) A person is guilty of obscuring the identity of a machine or other property when he or she:
(a) Removes, defaces, covers, alters, destroys, or otherwise obscures the manufacturer’s serial number or any other distinguishing identification number or mark, including property marked with a Social Security number or motor vehicle operator’s license number for identification purposes, upon any automobile or other propelled vehicle, machine, or electrical or mechanical device, or other property, including any part thereof, with intent to render it or other property unidentifiable; or
For details, see § 532.060 and § 532.090
(b) Possesses any automobile or other propelled vehicle, machine, or electrical or mechanical device, or other property, including any part thereof, knowing that the serial number or other identification number or mark, including property marked with a Social Security number for identification purposes, has been removed, defaced, covered, altered, destroyed, or otherwise obscured.
(2) Possession of any automobile or other propelled vehicle, machine, or electrical or mechanical device, or other property, including any part thereof, on which the serial number or any other distinguishing identification number or mark, including property marked with a Social Security number or motor vehicle operator’s license number for identification purposes, has been removed, defaced, covered, altered, destroyed, or otherwise obscured is prima facie evidence of knowledge of that fact.
(3) A person in possession of any property which is otherwise in violation of this section may apply in writing to the Department of Kentucky State Police, through any law enforcement agency in the county of his or her residence, for assignment of a number for the property providing he or she can show that he or she is the lawful owner of the property pursuant to the provisions of this section and KRS § 16.200 and
500.090. If a number is issued in conformity with the provisions of this section and KRS § 16.200 and KRS § 500.090, then the person to whom it was issued and any person to whom the property is lawfully disposed of shall not be in violation of these sections. A person lawfully holding a certification issued pursuant to KRS § 500.090 shall also be deemed in compliance with this section. This section shall apply only when the application has been filed by the defendant prior to arrest or authorization of a warrant of arrest for the defendant by a court.
(4) Obscuring the identity of a machine or other property is a Class A misdemeanor unless the value of the property is:
(a) Five hundred dollars ($500) or more but less than ten thousand dollars
($10,000), in which case it is a Class D felony; or
(b) Ten thousand dollars ($10,000) or more, in which case it is a Class C felony.
Effective: June 25, 2009
History: Amended 2009 Ky. Acts ch. 106, sec. 14, effective June 25, 2009. — Amended
2007 Ky. Acts ch. 85, sec. 327, effective June 26, 2007. — Amended 1992 Ky. Acts ch. 451, sec. 8, effective July 14, 1992. — Amended 1980 Ky. Acts ch. 267, sec. 5, effective July 15, 1980. — Amended 1978 Ky. Acts ch. 78, sec. 4, effective June 17,
1978. — Created 1974 Ky. Acts ch. 406, sec. 128, effective January 1, 1975.
(a) Removes, defaces, covers, alters, destroys, or otherwise obscures the manufacturer’s serial number or any other distinguishing identification number or mark, including property marked with a Social Security number or motor vehicle operator’s license number for identification purposes, upon any automobile or other propelled vehicle, machine, or electrical or mechanical device, or other property, including any part thereof, with intent to render it or other property unidentifiable; or
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C felony | between 5 and 10 years | between $1,000 and $10,000 |
| Class D felony | between 1 and 5 years | between $1,000 and $10,000 |
| Class A misdemeanor | up to 12 months | up to $500 |
Terms Used In Kentucky Statutes 514.120
- Arrest: Taking physical custody of a person by lawful authority.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- Propelled vehicle: means any vehicle, including but not limited to motor vehicles, aircraft, boats, or construction machinery, which is propelled otherwise than by muscle power or which is readily capable of being towed otherwise than by muscle power. See Kentucky Statutes 514.010
- Property: means anything of value, including real estate, tangible and intangible personal property, contract rights, documents, choses-in-action and other interests in or claims to wealth, admission or transportation tickets, captured or domestic animals, food and drink. See Kentucky Statutes 514.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(b) Possesses any automobile or other propelled vehicle, machine, or electrical or mechanical device, or other property, including any part thereof, knowing that the serial number or other identification number or mark, including property marked with a Social Security number for identification purposes, has been removed, defaced, covered, altered, destroyed, or otherwise obscured.
(2) Possession of any automobile or other propelled vehicle, machine, or electrical or mechanical device, or other property, including any part thereof, on which the serial number or any other distinguishing identification number or mark, including property marked with a Social Security number or motor vehicle operator’s license number for identification purposes, has been removed, defaced, covered, altered, destroyed, or otherwise obscured is prima facie evidence of knowledge of that fact.
(3) A person in possession of any property which is otherwise in violation of this section may apply in writing to the Department of Kentucky State Police, through any law enforcement agency in the county of his or her residence, for assignment of a number for the property providing he or she can show that he or she is the lawful owner of the property pursuant to the provisions of this section and KRS § 16.200 and
500.090. If a number is issued in conformity with the provisions of this section and KRS § 16.200 and KRS § 500.090, then the person to whom it was issued and any person to whom the property is lawfully disposed of shall not be in violation of these sections. A person lawfully holding a certification issued pursuant to KRS § 500.090 shall also be deemed in compliance with this section. This section shall apply only when the application has been filed by the defendant prior to arrest or authorization of a warrant of arrest for the defendant by a court.
(4) Obscuring the identity of a machine or other property is a Class A misdemeanor unless the value of the property is:
(a) Five hundred dollars ($500) or more but less than ten thousand dollars
($10,000), in which case it is a Class D felony; or
(b) Ten thousand dollars ($10,000) or more, in which case it is a Class C felony.
Effective: June 25, 2009
History: Amended 2009 Ky. Acts ch. 106, sec. 14, effective June 25, 2009. — Amended
2007 Ky. Acts ch. 85, sec. 327, effective June 26, 2007. — Amended 1992 Ky. Acts ch. 451, sec. 8, effective July 14, 1992. — Amended 1980 Ky. Acts ch. 267, sec. 5, effective July 15, 1980. — Amended 1978 Ky. Acts ch. 78, sec. 4, effective June 17,
1978. — Created 1974 Ky. Acts ch. 406, sec. 128, effective January 1, 1975.