39-14-116 - Hindering secured creditors.

39-14-116. Hindering secured creditors.

(a)  A person who claims ownership of or interest in any property which is the subject of a security interest, security agreement, deed of trust, mortgage, attachment, judgment or other statutory or equitable lien commits an offense who, with intent to hinder enforcement of that interest or lien, destroys, removes, conceals, encumbers, transfers, or otherwise harms or reduces the value of the property.

(b)  For purposes of this section, unless the context otherwise requires:

     (1)  “Remove” means transport, without the effective consent of the secured party, from the state or county in which the property was located when the security interest or lien attached; and

     (2)  “Security interest” means an interest in personal property or fixtures that secures payment or performance of an obligation.

(c)  An offense under this section is a Class E felony.

[Acts 1989, ch. 591, § 1.]