44-1219. Sale, removal or concealment of
encumbered property; classification
A. It is unlawful for a person who has mortgaged personal property to another, or
who has possession of personal property under a contract of sale whereby the vendor
retains title, to:
1. During the existence of the mortgage or contract, and without first obtaining
the written consent of the mortgagee or vendor or their assignees, sell, transfer or in
any manner encumber such property without first fully advising the person to whom the
sale, transfer or encumbrance is to be made, of the facts of the prior mortgage or
contract of sale.
2. Conceal, take, drive or otherwise dispose of or destroy any of the encumbered
property contrary to the provisions of the mortgage or contract.
3. Remove the property or any part thereof from the county where the property was
located when the contract or mortgage was made, if the property is other than an
automobile, and if an automobile, to remove the automobile from the state.
B. A person who violates any provisions of this section is guilty of a class 5
felony.
C. In addition to the punishment prescribed in subsection B, the court shall impose
a penalty equal to the amount of any expense incurred by the sheriff in out-of-state
travel, which has been reimbursed by the board of supervisors as provided by section
11-444. Upon payment of the penalty such sum shall be transmitted to the board of
supervisors.
|