Section 407.742

Title XXVI TRADE AND COMMERCE

Chapter 407

Effective - 28 Aug 1989   

  407.742.  Unlawful subleasing, elements of crime. — A person engages in an act of unlawful subleasing of a motor vehicle if all of the following conditions are met:

  (1)  The motor vehicle is subject to a lease contract, conditional sale contract, or security agreement the terms of which prohibit the transfer or assignment of any right of interest in the motor vehicle or under the lease contract, conditional sale contract, or security agreement;

  (2)  The person is not a party to the original lease contract, conditional sale contract, or security agreement;

  (3)  The person transfers or assigns, or purports to transfer or assign, or assists, causes, or arranges an actual or purported transfer or assignment of any right or interest in the motor vehicle or under the lease contract, conditional sale contract, or security agreement, to any person who is not a party to the original lease contract, conditional sale contract, or security agreement;

  (4)  The person does not obtain, prior to the transfer or assignment described in subdivision (3) of this section, written consent to the transfer or assignment from the motor vehicle's lessor, seller, or secured party;

  (5)  The person receives compensation or some other consideration for the transfer or assignment described in subdivision (3) of this section.

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(L. 1989 H.B. 893 § 6)