§708-839  Unlawful possession.  It shall
be unlawful for any person to possess any bicycle, movable construction tool or
equipment, appliance, merchandise, or other article, or any part thereof



(1)  Where the serial number or identification mark
placed on the same by the manufacturer for the purpose of identification, or



(2)  Knowing the serial number or identification mark
placed on the same for the purpose of identification,



has been erased, altered, changed or removed for the
purpose of changing the identity of the foregoing items.



Unlawful possession is a misdemeanor. [L 1973,
c 72, pt of §2; am L 1977, c 27, §2]



 



COMMENTARY ON §§708-838 AND 839



 



  Act 72, Session Laws 1973, added these two new sections to
the Code.  These sections prohibit the defacing, removal, or alteration of any
factory or owner identification mark or serial number from any merchandise on
which the same has been inscribed or marked, and thereby provide more effective
protection to the public from theft and traffic of stolen merchandise.



  The Senate Consumer Protection Committee in Standing
Committee Report No. 802 stated:



  "Police are hampered many times in their efforts to
identify and recover stolen merchandise because the serial numbers or the
identification marks are removed or obliterated.  These marks are removed to
frustrate the police and so that the thieves can resell the items.  The resale
of untraceable firearms is a practice which directly contributes to violent
crimes in the community."



 



SUPPLEMENTAL COMMENTARY ON §§708-838 AND 839



 



  Act 27, Session Laws 1977, amended these sections to provide
for two classes of identification marks--those placed by manufacturers and
those affixed by others--and to differentiate the mental aspect required for
the imposition of liability as to each class.  Section 708-838, as amended,
thus seeks to impose liability for altering manufacturer's marks without
requiring any specific intent.  But for altering other marks, it requires
acting "knowingly, to conceal the true ownership of the property of
another."  Similarly §708-839, as now amended, intends to impose liability
for the mere possession of the merchandise where merchandise with altered
manufacturer's marks are involved, but to require possession with knowledge of
the alteration where other marks are concerned.  House Standing Committee
Report No. 873.



  In addition, Act 27 deleted all references to firearms from
these sections, the offense of removing identification marks from firearms
being covered by §134-10.