75-67-335 - Liability of rightful owner to pawnbroker where pledged goods are found to be stolen; restitution awarded upon successful prosecution.
§ 75-67-335. Liability of rightful owner to pawnbroker where pledged goods are found to be stolen; restitution awarded upon successful prosecution.
If any pledged goods from a pawn transaction are found to be stolen goods and are returned to the rightful owner by law enforcement authorities and if the licensee who accepted such pledged goods has complied with all of the duties and responsibilities as specified in this article during such transaction, then the rightful owner of such pledged goods shall be liable to the licensee for the pledged amount if the rightful owner fails to prosecute or cooperate in the criminal prosecution related to such pawn transaction, provided that the rightful owner can prove that the stolen goods are his. It shall also be the responsibility of the licensee to assist or cooperate in the criminal prosecution related to such pawn transaction. Upon successful criminal prosecution, restitution shall be awarded to the pawnbroker and the rightful owner, if applicable, by the criminal court at the time of the defendant's sentencing. If the identity of a person who pawned stolen goods can be determined, the district attorney may prosecute such person for any applicable criminal violations.
Sources: Laws, 1993, ch. 598, § 18; Laws, 1997, ch. 610, § 1; Laws, 2001, ch. 503, § 10, eff from and after passage (approved Mar. 24, 2001.)