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

376 words·~2 min read·/ut/title-76/chapter-6/76-6-522

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/3/2023

(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:

(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