301.390. Possession and sale of vehicles and equipment with altered identification numbers prohibited, penalties--duty of officers--procedure.

MISSOURI STATUTES AND CODES

301.390. Possession and sale of vehicles and equipment with altered identification numbers prohibited, penalties--duty of officers--procedure.

Possession and sale of vehicles and equipment with alteredidentification numbers prohibited, penalties--duty ofofficers--procedure.

301.390. 1. No person shall sell, or offer for sale, or shallknowingly have the custody or possession of a motor vehicle, vehicle part,boat, outboard motor, trailer, motor vehicle tire, piece of farm machinery,farm implement, or piece of construction equipment on which the originalmanufacturer's number or other distinguishing number has been destroyed,removed, covered, altered or defaced, and no person shall sell, offer forsale, or knowingly have the custody or possession of a motor vehicle ortrailer having no manufacturer's number or other original number, ordistinguishing number. Every motor vehicle and trailer shall have anoriginal manufacturer's number or other distinguishing number assigned bythe manufacturer.

2. Every peace officer who has probable cause to believe and hasknowledge of a motor vehicle, vehicle part, boat, outboard motor, trailer,motor vehicle tire, piece of farm machinery, farm implement, or piece ofconstruction equipment, the number of which has been removed, covered,altered, destroyed or defaced, and for which no special number has beenissued, shall be authorized to immediately seize and take possession ofsuch motor vehicle, vehicle part, boat, outboard motor, trailer, motorvehicle tire, piece of farm machinery, farm implement, or piece ofconstruction equipment, and may arrest the supposed owner or custodianthereof and cause prosecution to be begun in a court of competentjurisdiction.

3. The law enforcement authority having seized it shall retaincustody of the motor vehicle, vehicle part, boat, outboard motor, trailer,motor vehicle tire, piece of farm machinery, farm implement, or piece ofconstruction equipment pending the prosecution of the person arrested. Ifthe person arrested should be found guilty, such motor vehicle, vehiclepart, boat, outboard motor, trailer, motor vehicle tire, piece of farmmachinery, farm implement, or piece of construction equipment shall betransferred to the custody of the court until the fine and costs ofprosecution are paid. No property shall be released from the custody ofthe court until a special number shall have been issued by the director ofrevenue on an application of the supposed owner, approved by the court.

4. In case such fine and costs not be paid within thirty days fromthe date of judgment, the court shall advertise and sell such motorvehicle, boat, outboard motor, vehicle part, trailer, motor vehicle tire,piece of farm machinery, farm implement, or piece of construction equipmentin the manner provided by law for the sale of personal property underexecution. The advertisement shall contain a description of the motorvehicle, vehicle part, boat, outboard motor, trailer, motor vehicle tire,piece of farm machinery, farm implement, or piece of construction equipmentand a copy thereof shall be mailed to the director of revenue. Theproceeds of such sale shall be applied, first, to the payment of the fineand costs of the prosecution and sale, and any sum remaining shall be paidby the court to the owner, and the motor vehicle, vehicle part, boat,outboard motor, trailer, motor vehicle tire, piece of farm machinery, farmimplement, or piece of construction equipment shall not be delivered to thepurchaser thereof until he shall first have secured a special number fromthe director of revenue, on the application of the purchaser, approved bythe court.

5. If at any time while such motor vehicle, vehicle part, boat,outboard motor, trailer, motor vehicle tire, piece of farm machinery, farmimplement, or piece of construction equipment remains in the custody of thecourt or law enforcement authority having seized it, the true owner thereofshall appear and prove to the satisfaction of the court or law enforcementauthority proper ownership of and entitlement to said item, it shall bereturned to the owner after he has obtained from the director of revenue aspecial number, on application made by the owner.

6. Violation of any provision of this section is a class D felony.