§708-839 Unlawful possession. It shall be unlawful for any person to possess any bicycle, movable construction tool or equipment, appliance, merchandise, or other article, or any part thereof
(1) Where the serial number or identification mark placed on the same by the manufacturer for the purpose of identification, or
(2) Knowing the serial number or identification mark placed on the same for the purpose of identification,
has been erased, altered, changed or removed for the purpose of changing the identity of the foregoing items.
Unlawful possession is a misdemeanor. [L 1973, c 72, pt of §2; am L 1977, c 27, §2]
COMMENTARY ON §§708-838 AND 708-839
Act 72, Session Laws 1973, added these two new sections to the Code. These sections prohibit the defacing, removal, or alteration of any factory or owner identification mark or serial number from any merchandise on which the same has been inscribed or marked, and thereby provide more effective protection to the public from theft and traffic of stolen merchandise.
The Senate Consumer Protection Committee in Standing Committee Report No. 802 stated:
Police are hampered many times in their efforts to identify and recover stolen merchandise because the serial numbers or the identification marks are removed or obliterated. These marks are removed to frustrate the police and so that the thieves can resell the items. The resale of untraceable firearms is a practice which directly contributes to violent crimes in the community.
SUPPLEMENTAL COMMENTARY ON §§708-838 AND 708-839
Act 27, Session Laws 1977, amended these sections to provide for two classes of identification marks--those placed by manufacturers and those affixed by others--and to differentiate the mental aspect required for the imposition of liability as to each class. Section 708-838, as amended, thus seeks to impose liability for altering manufacturer's marks without requiring any specific intent. But for altering other marks, it requires acting "knowingly, to conceal the true ownership of the property of another." Similarly §708-839, as now amended, intends to impose liability for the mere possession of the merchandise where merchandise with altered manufacturer's marks are involved, but to require possession with knowledge of the alteration where other marks are concerned. House Standing Committee Report No. 873.
In addition, Act 27 deleted all references to firearms from these sections, the offense of removing identification marks from firearms being covered by §134-10.