Section 32-3-47 - Consent of lien holder required for disposal or removal of encumberedvehicle--Violation as felony. - South-dakota Statutes

State Codes and Statutes

Statutes > South-dakota > Title-32 > Chapter-03 > Statute-32-3-47

32-3-47. Consent of lien holder required for disposal or removal of encumbered vehicle--Violation as felony. When the ownership of a motor vehicle, trailer, or semitrailer is subject to a chattel mortgage, conveyance intended to operate as a mortgage, trust receipt, conditional sales contract, mechanic's lien, or similar instrument, as provided in §§ 32-3-30 to 32-3-46, inclusive, it shall be unlawful, prior to the performance of the conditions contained in any of the above instruments and the discharge of the obligations imposed thereby, to intentionally or with intent to defraud, materially injure, destroy, conceal, sell, mortgage, or otherwise dispose of, or remove from the State of South Dakota, except temporarily in accordance with its usual and customary use, a motor vehicle, trailer, or semitrailer subject to any of the above instruments without first having received the written permission of the then owner or holder of such chattel mortgage, conditional sales contract, mechanic's lien, trust receipt, or of any similar instrument, unless such instrument specifically waives such requirements of written notice as herein provided. Whoever shall violate this section shall be guilty of a Class 6 felony.

Source: SDC 1939, § 44.0203 (5) as added by SL 1957, ch 216; SDC Supp 1960, § 44.9951; SL 1965, ch 186, § 3.

State Codes and Statutes

Statutes > South-dakota > Title-32 > Chapter-03 > Statute-32-3-47

32-3-47. Consent of lien holder required for disposal or removal of encumbered vehicle--Violation as felony. When the ownership of a motor vehicle, trailer, or semitrailer is subject to a chattel mortgage, conveyance intended to operate as a mortgage, trust receipt, conditional sales contract, mechanic's lien, or similar instrument, as provided in §§ 32-3-30 to 32-3-46, inclusive, it shall be unlawful, prior to the performance of the conditions contained in any of the above instruments and the discharge of the obligations imposed thereby, to intentionally or with intent to defraud, materially injure, destroy, conceal, sell, mortgage, or otherwise dispose of, or remove from the State of South Dakota, except temporarily in accordance with its usual and customary use, a motor vehicle, trailer, or semitrailer subject to any of the above instruments without first having received the written permission of the then owner or holder of such chattel mortgage, conditional sales contract, mechanic's lien, trust receipt, or of any similar instrument, unless such instrument specifically waives such requirements of written notice as herein provided. Whoever shall violate this section shall be guilty of a Class 6 felony.

Source: SDC 1939, § 44.0203 (5) as added by SL 1957, ch 216; SDC Supp 1960, § 44.9951; SL 1965, ch 186, § 3.

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > South-dakota > Title-32 > Chapter-03 > Statute-32-3-47

32-3-47. Consent of lien holder required for disposal or removal of encumbered vehicle--Violation as felony. When the ownership of a motor vehicle, trailer, or semitrailer is subject to a chattel mortgage, conveyance intended to operate as a mortgage, trust receipt, conditional sales contract, mechanic's lien, or similar instrument, as provided in §§ 32-3-30 to 32-3-46, inclusive, it shall be unlawful, prior to the performance of the conditions contained in any of the above instruments and the discharge of the obligations imposed thereby, to intentionally or with intent to defraud, materially injure, destroy, conceal, sell, mortgage, or otherwise dispose of, or remove from the State of South Dakota, except temporarily in accordance with its usual and customary use, a motor vehicle, trailer, or semitrailer subject to any of the above instruments without first having received the written permission of the then owner or holder of such chattel mortgage, conditional sales contract, mechanic's lien, trust receipt, or of any similar instrument, unless such instrument specifically waives such requirements of written notice as herein provided. Whoever shall violate this section shall be guilty of a Class 6 felony.

Source: SDC 1939, § 44.0203 (5) as added by SL 1957, ch 216; SDC Supp 1960, § 44.9951; SL 1965, ch 186, § 3.