1.It is a class B felony if any person knowingly, as defined in section 12.1-02-02, and
with intent that a violation of subsection 2 be committed:
a.Owns, operates, or conducts a chop shop;
b.Transports any motor vehicle or motor vehicle part to or from a location knowing it
to be a chop shop; or
c.Sells, transfers, purchases, or receives any motor vehicle or motor vehicle part
either to or from a location knowing it to be a chop shop.
2.Any person who knowingly, as defined in section 12.1-02-02, alters, counterfeits,
defaces, destroys, disguises, falsifies, forges, obliterates, or knowingly removes a
vehicle identification number, with the intent to misrepresent the identity or prevent the
identification of a motor vehicle or motor vehicle part, is guilty of a class B felony.
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1. It is a class B felony if any person knowingly, as defined in section 12.1-02-02, and
with intent that a violation of subsection 2 be committed:
a. Owns, operates, or conducts a chop shop;
b. Transports any motor vehicle or motor vehicle part to or from a location knowing it
to be a chop shop; or
c. Sells, transfers, purchases, or receives any motor vehicle or motor vehicle part
either to or from a location knowing it to be a chop shop.
2. Any person who knowingly, as defined in section 12.1-02-02, alters, counterfeits,
defaces, destroys, disguises, falsifies, forges, obliterates, or knowingly removes a
vehicle identification number, with the intent to misrepresent the identity or prevent the
identification of a motor vehicle or motor vehicle part, is guilty of a class B felony.
3. a. Any person who buys, disposes, sells, transfers, or possesses a motor vehicle or
motor vehicle part, with knowledge that the vehicle identification number of the
motor vehicle or motor vehicle part has been altered, counterfeited, defaced,
destroyed, disguised, falsified, forged, obliterated, or removed, is guilty of a class
B felony.
b. The provisions of subdivision a do not apply to a motor vehicle scrap processor
who, in the normal legal course of business and in good faith, processes a motor
vehicle or motor vehicle part by crushing, compacting, or other similar methods,
provided that any vehicle identification number is not removed from the motor
vehicle or motor vehicle part prior to or during any such processing.
c. The provisions of subdivision a do not apply to any owner or authorized
possessor of a motor vehicle or motor vehicle part which has been recovered by
law enforcement authorities after having been stolen or when the condition of the
vehicle identification number of the motor vehicle or motor vehicle part is known
to or has been reported to law enforcement authorities. It is presumed that law
enforcement authorities have knowledge of all vehicle identification numbers on a
motor vehicle or motor vehicle part which are altered, counterfeited, defaced,
disguised, falsified, forged, obliterated, or removed, when law enforcement
authorities deliver or return the motor vehicle or motor vehicle part to its owner or
authorized possessor after it has been recovered by law enforcement authorities
after having been reported stolen.
4. No prosecution may be brought, and no person may be convicted, of any violation
under this section, if acts of the person otherwise constituting a violation were done in
good faith in order to comply with the laws or regulations of any state or territory of the
United States or of the federal government of the United States.
5. The sentence imposed upon a person convicted of any violation of this section may
not be reduced to less than four years imprisonment for a second conviction of any
violation of this section, or less than eight years for a third or subsequent conviction of
any violation of this section, and no sentence imposed upon a person for a second or
subsequent conviction of any violation of this section may be suspended or reduced
until the person has served the minimum period of imprisonment provided in this
section. A person convicted of a second or subsequent violation of this section is not
eligible for probation, parole, furlough, or work release.
6. a. In addition to any punishment, a person who violates this section, must be
ordered to make restitution to the lawful owner or owners of the stolen motor
vehicle or vehicles or the stolen motor vehicle part or parts, or to the owner's
insurer to the extent that the owner has been compensated by the insurer, and to
any other person for any financial loss sustained as a result of a violation of this
section.
As used in this section, "financial loss" includes loss of earnings,
out-of-pocket and other expenses, repair and replacement costs, and claims
payments. As used in this section, "lawful owner" includes an innocent bona fide
purchaser for value of a stolen motor vehicle part who does not know that the
motor vehicle or part is stolen or an insurer to the extent that the insurer has
compensated a bona fide purchaser for value.
b. The court shall determine the extent and method of restitution. In an extraordinary
case, the court may determine that the best interests of the victim and justice
would not be served by ordering restitution. In any such case, the court shall
make and enter specific written findings on the record concerning the
extraordinary circumstances presented which militated against restitution.