7.762 — ALTERING OR REMOVING A VEHICLE’S VIN

Violations of "Statute 7.762" results in a Class A Misdemeanor

(a) Definitions

Altering or Removing a Vehicle's VIN refers to the act of intentionally changing, removing, defacing, or tampering with the Vehicle Identification Number (VIN) that is assigned to a motor vehicle. The VIN is a unique identifier that is used to track the vehicle's history, ownership, and registration. This offense includes, but is not limited to, removing or altering the VIN plate, engraving a false VIN, or attempting to hide the true identity of the vehicle.

(b) Elements

To establish the offense of altering or removing a vehicle's VIN, the prosecution must prove beyond a reasonable doubt the following elements:

The defendant knowingly altered, removed, or defaced the VIN on a motor vehicle, or possessed a motor vehicle with an altered or removed VIN.
The defendant had the intent to conceal or misrepresent the identity of the vehicle, such as for the purposes of fraud, theft, or to circumvent legal or regulatory processes, including ownership or registration requirements.
The defendant's actions involved a motor vehicle that was not legally authorized to have a modified VIN, and the alteration was not for legal or authorized purposes (e.g., vehicle restoration, manufacturer error correction).
The defendant was in possession of the motor vehicle when the alteration or removal occurred, or the defendant was involved in the sale, purchase, or distribution of a vehicle with a tampered VIN.

(c) Defenses

Defenses against a charge of altering or removing a vehicle’s VIN may include:

Authorization by the Manufacturer: The defendant may claim that they altered or removed the VIN with proper authorization from the vehicle manufacturer, dealership, or regulatory body for legitimate purposes, such as vehicle restoration or correction of a VIN error.
Ownership of the Vehicle: The defendant may assert that they were the legitimate owner of the vehicle and that the VIN was altered or removed for personal reasons (e.g., the vehicle was in a state of repair, restoration, or modification) without the intent to defraud.
Accidental Alteration: The defendant may claim that the alteration or removal of the VIN occurred inadvertently, such as during vehicle restoration, repair, or modification without criminal intent.

(d) Aggravating Factors

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

Intent to Commit Fraud: The defendant’s alteration or removal of the VIN was done with the clear intent to defraud, such as selling a stolen vehicle, evading legal ownership, or circumventing law enforcement or registration systems.
Involvement in a Criminal Enterprise: The defendant was involved in a larger scheme or criminal operation involving stolen vehicles or trafficking in motor vehicles with altered or removed VINs.
Previous Violations: The defendant has a history of similar offenses, such as tampering with vehicle identification numbers, motor vehicle theft, or other crimes involving fraud or misrepresentation.
Public Safety Threat: The defendant’s actions created a direct threat to public safety, such as involving the tampering of vehicles that were then used in illegal activities or placed back into circulation without proper identification or safety checks.

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(a) Definitions

(b) Elements

To establish the offense of altering or removing a vehicle's VIN, the prosecution must prove beyond a reasonable doubt the following elements:

The defendant knowingly altered, removed, or defaced the VIN on a motor vehicle, or possessed a motor vehicle with an altered or removed VIN.

The defendant had the intent to conceal or misrepresent the identity of the vehicle, such as for the purposes of fraud, theft, or to circumvent legal or regulatory processes, including ownership or registration requirements.

The defendant's actions involved a motor vehicle that was not legally authorized to have a modified VIN, and the alteration was not for legal or authorized purposes (e.g., vehicle restoration, manufacturer error correction).

The defendant was in possession of the motor vehicle when the alteration or removal occurred, or the defendant was involved in the sale, purchase, or distribution of a vehicle with a tampered VIN.

Defenses against a charge of altering or removing a vehicle’s VIN may include:

Authorization by the Manufacturer: The defendant may claim that they altered or removed the VIN with proper authorization from the vehicle manufacturer, dealership, or regulatory body for legitimate purposes, such as vehicle restoration or correction of a VIN error.

Ownership of the Vehicle: The defendant may assert that they were the legitimate owner of the vehicle and that the VIN was altered or removed for personal reasons (e.g., the vehicle was in a state of repair, restoration, or modification) without the intent to defraud.

Accidental Alteration: The defendant may claim that the alteration or removal of the VIN occurred inadvertently, such as during vehicle restoration, repair, or modification without criminal intent.

(d) Aggravating Factors

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

Intent to Commit Fraud: The defendant’s alteration or removal of the VIN was done with the clear intent to defraud, such as selling a stolen vehicle, evading legal ownership, or circumventing law enforcement or registration systems.

Involvement in a Criminal Enterprise: The defendant was involved in a larger scheme or criminal operation involving stolen vehicles or trafficking in motor vehicles with altered or removed VINs.

Previous Violations: The defendant has a history of similar offenses, such as tampering with vehicle identification numbers, motor vehicle theft, or other crimes involving fraud or misrepresentation.

Public Safety Threat: The defendant’s actions created a direct threat to public safety, such as involving the tampering of vehicles that were then used in illegal activities or placed back into circulation without proper identification or safety checks.