76-6-522.  Equity skimming of a vehicle.

(1) 

criminal case

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Terms Used In Utah Code 76-6-522

  • Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
  • 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.
  • Highway: includes :Utah Code 68-3-12.5
  • Land: includes :Utah Code 68-3-12.5
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • written: includes any handwriting, typewriting, printing, electronic storage or transmission, or any other method of recording information or fixing information in a form capable of being preserved. See Utah Code 76-1-101.5
(a)  As used in this section:

(i)  “Actor” means a broker, dealer, or a person in collusion with a dealer or broker.

(ii)  “Broker” means any person who, for compensation of any kind, arranges for the sale, lease, sublease, or transfer of a vehicle.

(iii)  “Dealer” means any person engaged in the business of selling, leasing, or exchanging vehicles for compensation of any kind.

(iv)  “Lease” means any grant of use or possession of a vehicle for consideration, with or without an option to buy.

(v)  “Security interest” means an interest in a vehicle that secures payment or performance of an obligation.

(vi)  “Transfer” means any delivery or conveyance of a vehicle to another from one person to another.

(vii)  “Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, or through the air or water, or over land and includes a manufactured home or mobile home as defined in Section 41-1a-102.

(b)  Terms defined in Section 76-1-101.5 apply to this section.

(2)  An actor commits equity skimming of a vehicle if the actor:

(a) 

(i)  transfers or arranges the transfer of a vehicle for consideration or profit; and

(ii)  has not first obtained written authorization of the lessor or holder of the security interest; and

(b)  knows or should have known the vehicle is subject to a lease or security interest.

(3)  A violation of Subsection (2) is a third degree felony.

(4)  It is a defense to a violation of Subsection (2) if the defendant proves by a preponderance of the evidence that the lease obligation or security interest has been satisfied within 30 days following the transfer of the vehicle.

(5)  This section may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation.

(6)  The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, through Chapter 11c, Retention of Evidence.

Amended by Chapter 111, 2023 General Session

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