State Codes and Statutes

Statutes > Kansas > Chapter21 > Article37 > Statutes_11933

21-3757

Chapter 21.--CRIMES AND PUNISHMENTS
PART II.--PROHIBITED CONDUCT
Article 37.--CRIMES AGAINST PROPERTY

      21-3757.   Odometers; unlawful acts; penalties; definitions.(a) For the purpose of this section, the followingwords and phrases shall have the following meanings:

      (1)   "Motor vehicle" means any vehicle other than a motorized bicyclewhich is self-propelled and is required to be registered under theprovisions of article 1 of chapter 8 of Kansas Statutes Annotated.

      (2)   "Vehicle" means every device in, upon or by which any person orproperty is or may be transported or drawn upon a public highway, and isrequired to be registered under the provisions of article 1 of chapter 8 ofKansas Statutes Annotated, except that such term shall not includemotorizedbicycles or mobile homes.

      (3)   "True mileage" means the actual mileage the motor vehicle has beendriven.

      (4)   "Person" means an individual, partnership, corporation or association.

      (5)   "Odometer" means an instrument for measuring and recording theactual distance a motor vehicle travels while in operation, but shall notinclude any auxiliary odometer designed to be reset by the operator of themotor vehicle for the purpose of recording mileage on trips.

      (b)   It shall be unlawful for any person to knowingly tamper with,adjust, alter, change, set back, disconnect or fail to connect the odometerof any motor vehicle, or cause any of the foregoing to occur to an odometerof a motor vehicle, so as to reflect a lower mileage than the true mileagetraveled by the motor vehicle.

      (c)   It shall be unlawful for any person to conspire with any otherperson to violate the provisions of this section.

      (d)   It shall be unlawful for any person, with the intent to defraud, tooperate a motor vehicle on any street or highway knowing that the odometerof the motor vehicle is disconnected or nonfunctional.

      (e)   It shall be unlawful for any person to advertise for sale, sell, useor install on any part of a motor vehicle or on any odometer in a motorvehicle any device which causes the odometer to register any mileage otherthan the true mileage.

      (f)   It shall be unlawful for any person to sell or offer to sell, withthe intent to defraud, a motor vehicle knowing that the odometer of suchmotor vehicle was tampered with, adjusted, altered, changed, set back,disconnected or failed to be connected so as to reflect a lower mileagethan the true mileage of such motor vehicle.

      (g) (1)   Nothing in this section shall prevent the service, repair orreplacement of an odometer, provided the mileage indicated thereon remainsthe same as before the service, repair or replacement. If the odometer isincapable of registering the same mileage as before such service, repair orreplacement, the odometer shall be adjusted to read zero and a notice shallbe attached permanently to the left door frame of the vehicle by the owneror owner's agent specifying the mileage prior to repair or replacement ofthe odometer, the date on which it was repaired or replaced and the vehicleidentification number.

      (2)   It shall be unlawful for any person to fail to adjust an odometer oraffix a notice regarding such adjustment, as required under thissection.

      (3)   It shall be unlawful for any person to remove or alter any noticeaffixed to a vehicle pursuant to the provisions of thissection.

      (h)   Every action pursuant to this section shall be brought in thedistrict court of any county in which there occurred any act or practicedeclared to be a violation of this section, or in which the defendantresides or has such person's principal place of business.

      (i)   The provisions of this section shall not apply to antique motorvehicles which could be registered under the provisions of K.S.A. 8-166 etseq., and amendments thereto, or to special interest vehicles whichcould be registered under the provisions of K.S.A. 8-194 et seq., andamendments thereto.

      (j)   Violation of this section is a severity level 9,nonperson felony.

      History:   L. 1988, ch. 211, § 1;L. 1991, ch. 33, § 30;L. 1992, ch. 239, § 144;L. 1993, ch. 291, § 95; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter21 > Article37 > Statutes_11933

21-3757

Chapter 21.--CRIMES AND PUNISHMENTS
PART II.--PROHIBITED CONDUCT
Article 37.--CRIMES AGAINST PROPERTY

      21-3757.   Odometers; unlawful acts; penalties; definitions.(a) For the purpose of this section, the followingwords and phrases shall have the following meanings:

      (1)   "Motor vehicle" means any vehicle other than a motorized bicyclewhich is self-propelled and is required to be registered under theprovisions of article 1 of chapter 8 of Kansas Statutes Annotated.

      (2)   "Vehicle" means every device in, upon or by which any person orproperty is or may be transported or drawn upon a public highway, and isrequired to be registered under the provisions of article 1 of chapter 8 ofKansas Statutes Annotated, except that such term shall not includemotorizedbicycles or mobile homes.

      (3)   "True mileage" means the actual mileage the motor vehicle has beendriven.

      (4)   "Person" means an individual, partnership, corporation or association.

      (5)   "Odometer" means an instrument for measuring and recording theactual distance a motor vehicle travels while in operation, but shall notinclude any auxiliary odometer designed to be reset by the operator of themotor vehicle for the purpose of recording mileage on trips.

      (b)   It shall be unlawful for any person to knowingly tamper with,adjust, alter, change, set back, disconnect or fail to connect the odometerof any motor vehicle, or cause any of the foregoing to occur to an odometerof a motor vehicle, so as to reflect a lower mileage than the true mileagetraveled by the motor vehicle.

      (c)   It shall be unlawful for any person to conspire with any otherperson to violate the provisions of this section.

      (d)   It shall be unlawful for any person, with the intent to defraud, tooperate a motor vehicle on any street or highway knowing that the odometerof the motor vehicle is disconnected or nonfunctional.

      (e)   It shall be unlawful for any person to advertise for sale, sell, useor install on any part of a motor vehicle or on any odometer in a motorvehicle any device which causes the odometer to register any mileage otherthan the true mileage.

      (f)   It shall be unlawful for any person to sell or offer to sell, withthe intent to defraud, a motor vehicle knowing that the odometer of suchmotor vehicle was tampered with, adjusted, altered, changed, set back,disconnected or failed to be connected so as to reflect a lower mileagethan the true mileage of such motor vehicle.

      (g) (1)   Nothing in this section shall prevent the service, repair orreplacement of an odometer, provided the mileage indicated thereon remainsthe same as before the service, repair or replacement. If the odometer isincapable of registering the same mileage as before such service, repair orreplacement, the odometer shall be adjusted to read zero and a notice shallbe attached permanently to the left door frame of the vehicle by the owneror owner's agent specifying the mileage prior to repair or replacement ofthe odometer, the date on which it was repaired or replaced and the vehicleidentification number.

      (2)   It shall be unlawful for any person to fail to adjust an odometer oraffix a notice regarding such adjustment, as required under thissection.

      (3)   It shall be unlawful for any person to remove or alter any noticeaffixed to a vehicle pursuant to the provisions of thissection.

      (h)   Every action pursuant to this section shall be brought in thedistrict court of any county in which there occurred any act or practicedeclared to be a violation of this section, or in which the defendantresides or has such person's principal place of business.

      (i)   The provisions of this section shall not apply to antique motorvehicles which could be registered under the provisions of K.S.A. 8-166 etseq., and amendments thereto, or to special interest vehicles whichcould be registered under the provisions of K.S.A. 8-194 et seq., andamendments thereto.

      (j)   Violation of this section is a severity level 9,nonperson felony.

      History:   L. 1988, ch. 211, § 1;L. 1991, ch. 33, § 30;L. 1992, ch. 239, § 144;L. 1993, ch. 291, § 95; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter21 > Article37 > Statutes_11933

21-3757

Chapter 21.--CRIMES AND PUNISHMENTS
PART II.--PROHIBITED CONDUCT
Article 37.--CRIMES AGAINST PROPERTY

      21-3757.   Odometers; unlawful acts; penalties; definitions.(a) For the purpose of this section, the followingwords and phrases shall have the following meanings:

      (1)   "Motor vehicle" means any vehicle other than a motorized bicyclewhich is self-propelled and is required to be registered under theprovisions of article 1 of chapter 8 of Kansas Statutes Annotated.

      (2)   "Vehicle" means every device in, upon or by which any person orproperty is or may be transported or drawn upon a public highway, and isrequired to be registered under the provisions of article 1 of chapter 8 ofKansas Statutes Annotated, except that such term shall not includemotorizedbicycles or mobile homes.

      (3)   "True mileage" means the actual mileage the motor vehicle has beendriven.

      (4)   "Person" means an individual, partnership, corporation or association.

      (5)   "Odometer" means an instrument for measuring and recording theactual distance a motor vehicle travels while in operation, but shall notinclude any auxiliary odometer designed to be reset by the operator of themotor vehicle for the purpose of recording mileage on trips.

      (b)   It shall be unlawful for any person to knowingly tamper with,adjust, alter, change, set back, disconnect or fail to connect the odometerof any motor vehicle, or cause any of the foregoing to occur to an odometerof a motor vehicle, so as to reflect a lower mileage than the true mileagetraveled by the motor vehicle.

      (c)   It shall be unlawful for any person to conspire with any otherperson to violate the provisions of this section.

      (d)   It shall be unlawful for any person, with the intent to defraud, tooperate a motor vehicle on any street or highway knowing that the odometerof the motor vehicle is disconnected or nonfunctional.

      (e)   It shall be unlawful for any person to advertise for sale, sell, useor install on any part of a motor vehicle or on any odometer in a motorvehicle any device which causes the odometer to register any mileage otherthan the true mileage.

      (f)   It shall be unlawful for any person to sell or offer to sell, withthe intent to defraud, a motor vehicle knowing that the odometer of suchmotor vehicle was tampered with, adjusted, altered, changed, set back,disconnected or failed to be connected so as to reflect a lower mileagethan the true mileage of such motor vehicle.

      (g) (1)   Nothing in this section shall prevent the service, repair orreplacement of an odometer, provided the mileage indicated thereon remainsthe same as before the service, repair or replacement. If the odometer isincapable of registering the same mileage as before such service, repair orreplacement, the odometer shall be adjusted to read zero and a notice shallbe attached permanently to the left door frame of the vehicle by the owneror owner's agent specifying the mileage prior to repair or replacement ofthe odometer, the date on which it was repaired or replaced and the vehicleidentification number.

      (2)   It shall be unlawful for any person to fail to adjust an odometer oraffix a notice regarding such adjustment, as required under thissection.

      (3)   It shall be unlawful for any person to remove or alter any noticeaffixed to a vehicle pursuant to the provisions of thissection.

      (h)   Every action pursuant to this section shall be brought in thedistrict court of any county in which there occurred any act or practicedeclared to be a violation of this section, or in which the defendantresides or has such person's principal place of business.

      (i)   The provisions of this section shall not apply to antique motorvehicles which could be registered under the provisions of K.S.A. 8-166 etseq., and amendments thereto, or to special interest vehicles whichcould be registered under the provisions of K.S.A. 8-194 et seq., andamendments thereto.

      (j)   Violation of this section is a severity level 9,nonperson felony.

      History:   L. 1988, ch. 211, § 1;L. 1991, ch. 33, § 30;L. 1992, ch. 239, § 144;L. 1993, ch. 291, § 95; July 1.