7.728 — FICTITIOUS REGISTRATION

Violations of "Statute 7.728" results in an Class E Misdemeanor

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(a) Definitions

Fictitious registration refers to the act of using false or forged documents to register a motor vehicle, or presenting a registration number that does not correspond to a valid, registered vehicle. This can include using counterfeit or stolen registration plates, stickers, or certificates with the intent to deceive authorities or avoid legal requirements.

(b) Elements

To establish the offense of fictitious registration, the prosecution must prove beyond a reasonable doubt the following elements:

• The defendant knowingly presented or used a false registration number, plate, or documentation to register or operate a vehicle.

• The defendant was aware that the registration was fictitious or forged.

• The use of the fictitious registration was intentional and made with the intent to deceive or defraud authorities.

(c) Defenses

Defenses against a charge of fictitious registration may include:

• The defendant was unaware that the registration was fictitious or fraudulent, and obtained it in good faith from a third party.

• The defendant can prove that the registration or plates were valid at the time of use but were later invalidated or found to be incorrect due to circumstances beyond their control.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

• The defendant used fictitious registration for illegal or criminal purposes, such as avoiding law enforcement detection during the commission of a crime.

• The defendant had prior convictions related to vehicle registration or similar offenses.

• The defendant was involved in a scheme to sell or distribute counterfeit registrations or plates to others.

• The offense was committed in conjunction with other crimes, such as theft or fraud.