§ 14-72.7. Chop shop activity.
§ 14‑72.7. Chop shopactivity.
(a) A person is guiltyof a Class H felony if that person knowingly engages in any of the followingactivities, without regard to the value of the property in question:
(1) Altering,destroying, disassembling, dismantling, reassembling, or storing any motorvehicle or motor vehicle part the person knows to be illegally obtained bytheft, fraud, or other illegal means.
(2) Permitting a placeto be used for any activity prohibited by this section, where the person eitherowns or has legal possession of the place, and knows that the place is beingused for any activity prohibited by this section.
(3) Purchasing,disposing of, selling, transferring, receiving, or possessing a motor vehicleor motor vehicle part with the knowledge that the vehicle identification numberof the motor vehicle, or vehicle part identification number of the vehiclepart, has been altered, counterfeited, defaced, destroyed, disguised,falsified, forged, obliterated, or removed.
(4) Purchasing,disposing of, selling, transferring, receiving, or possessing a motor vehicleor motor vehicle part to or from a person engaged in any activity prohibited bythis section, knowing that the person is engaging in that activity.
(b) InnocentActivities. The provisions of this section shall not apply to either of thefollowing:
(1) Purchasing,disposing of, selling, transferring, receiving, possessing, crushing, orcompacting a motor vehicle or motor vehicle part in good faith and withoutknowledge of previous illegal activity in regard to that vehicle or part, aslong as the person engaging in the activity does not remove a vehicleidentification number or vehicle part identification number before or duringthe activity.
(2) Purchasing,disposing of, selling, transferring, receiving, possessing, crushing, orcompacting a motor vehicle or motor vehicle part after law enforcementproceedings are completed or as a part of law enforcement proceedings, as longas the activity is not in conflict with law enforcement proceedings.
(c) Civil Penalty. Anycourt with jurisdiction of a criminal prosecution under this section may alsoassess a civil penalty. The clear proceeds of the civil penalties shall beremitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.The civil penalty shall not exceed three times the assets obtained by thedefendant as a result of violations of this section.
(d) Private Actions. Anyperson aggrieved by a violation of this section may, in a civil action in anycourt of competent jurisdiction, obtain appropriate relief, includingpreliminary and other equitable or declaratory relief, compensatory andpunitive damages, reasonable investigation expenses, costs of suit, and anyattorneys' fees as may be provided by law.
(e) Seizure andForfeiture. Any instrumentality possessed or used to engage in the activitiesprohibited by this section are subject to the seizure and forfeiture provisionsof G.S. 14‑86.1. The real property of a place used to engage in theactivities prohibited by this section is subject to the abatement andforfeiture provisions of Chapter 19 of the General Statutes.
(f) Definitions. Forthe purposes of this section, the following definitions apply:
(1) Instrumentality. Motorvehicle, motor vehicle part, other conveyance, tool, implement, or equipmentpossessed or used in the activities prohibited under this section.
(2) Vehicleidentification number. A number, a letter, a character, a datum, aderivative, or a combination thereof, used by the manufacturer or the Divisionof Motor Vehicles for the purpose of uniquely identifying a motor vehicle.
(3) Vehicle partidentification number. A number, a letter, a character, a datum, aderivative, or a combination thereof, used by the manufacturer for the purposeof uniquely identifying a motor vehicle part. (2007‑178, s. 1.)