45-6-315. Defrauding creditors.
45-6-315. Defrauding creditors. (1) A person commits the offense of defrauding secured creditors if the person destroys, conceals, encumbers, transfers, removes from the state, or otherwise deals with property subject to a security interest with the purpose to hinder enforcement of that interest.
(2) "Security interest" means an interest in personal property or fixtures as defined in the Uniform Commercial Code, 30-1-201(2)(jj).
(3) A person convicted of the offense of defrauding secured creditors shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.
(4) A person who destroys, conceals, encumbers, transfers, removes from the state, or otherwise deals with property subject to a security interest with the purpose of depriving the owner of the property or of the proceeds and value from the property may be prosecuted under 45-6-301.
History: En. 94-6-313 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 2, Ch. 367, L. 1975; R.C.M. 1947, 94-6-313; amd. Sec. 88, Ch. 575, L. 2005; amd. Sec. 1671, Ch. 56, L. 2009.