32-4-10. Possessing vehicle, trailer, or part with altered or removed identification number prohibited--Violation as felony.

No person may knowingly buy, sell, offer for sale, receive, or have in his possession, any titled motor vehicle or trailer or component part thereof, from which the original manufacturer's vehicle identification number or serial number has been removed, defaced, altered, obscured, or destroyed unless the vehicle or component part has an identification number attached to it, assigned or approved by the Department of Revenue under the provisions of § 32-3-22 or authorized agency of another state in lieu of the manufacturer's number. A violation of this section is a Class 6 felony.

Source: SL 1983, ch 230, § 9; SL 1988, ch 239, § 1; SL 1989, ch 255, § 10; SL 2004, ch 17, § 48; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.



SDLRC - Codified Law 32-4-10 - Possessing vehicle, trailer, or part with altered or removed identification number prohibited--Violation as felony.

32-4-10.1. Forfeiture of vehicle, trailer or component part--Return to lawful owner not precluded--Assignment of identification number.

Any motor vehicle, trailer, or component part described in § 32-4-10 is deemed contraband and no property right exists in it. If such motor vehicle, trailer, or component part comes into the custody of a law enforcement officer, it shall be forfeited under the procedure established in § § 34-20B-85 to 34-20B-87, inclusive. Nothing in this section precludes the return of such a motor vehicle, trailer, or component part to its lawful owner following presentation of satisfactory evidence of ownership and assignment of an identification number by the Department of Revenue under the provisions of § 32-3-22.

Source: SL 1988, ch 239, § 2; SL 2004, ch 17, § 49; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.



SDLRC - Codified Law 32-4-10 - Possessing vehicle, trailer, or part with altered or removed identification number prohibited--Violation as felony.

32-4-10.2. Forfeiture proceeding--Time of hearing--Standard and burden of proof--Release to owner on condition of obtaining identification number.

A forfeiture proceeding as provided in § 32-4-10.1, shall be set for hearing within sixty days from the date of filing the verified answer. At the hearing, the state shall establish by a preponderance of the evidence that the original manufacturer's vehicle identification number or serial number on the motor vehicle, trailer, or component part has been removed, defaced, altered, obscured, or destroyed and that such vehicle or component part had no identification number attached to it as described in § 32-4-10. If the court finds that the state has met this burden, it shall order the motor vehicle, trailer or component part forfeited. If the court finds that the property is not subject to forfeiture, it shall order the property released to the owner, party in interest or claimant, as his right, title, or interest appears on the condition that such person obtain an identification number from the Department of Revenue under the provisions of § 32-3-22.

Source: SL 1988, ch 239, § 3; SL 2004, ch 17, § 50; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.