Violations and penalties

(a) It is an offense to: (1) or more persons knew, or should have known, that they were engaged in altering, destroying, disassembling, dismantling, reassembling, or storing any motor vehicle or motor vehicle component part that was obtained by theft, or any other unlawful means to either: (A) Alter, counterfeit, deface, destroy, disguise, falsify, forge, obliterate or remove the identity, including the vehicle identification number of the motor vehicle or motor vehicle component part, or to prevent the identification of the motor vehicle or motor vehicle component part. See Tennessee Code 55-5-202Motor vehicle: includes every device in, upon, or by which any person or property may be transported or drawn upon a highway, that is self-propelled or which may be connected to and towed by a self-propelled device, and shall also include any and all devices which are self-propelled but are not designed for use upon a highway, including, but not limited to, farm machinery, construction equipment, and water craft. See Tennessee Code 55-5-202Motor vehicle component part: includes any and all parts installed upon the "motor vehicle" including, but not limited to, engines, transmissions, vehicle bodies, chassis, doors, deck lids, front end clips (fenders and grill), seats, differentials, tires, wheels, steering wheels, air bags, automobile radios, automobile tape players, and bumpers. See Tennessee Code 55-5-202Owner: means a person who holds the legal title of a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof, with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter and chapter 10, parts 1-5 of this title. See Tennessee Code 55-8-101Person: includes a natural person, company, corporation, unincorporated association, partnership, professional corporation, and any other legal entity. See Tennessee Code 55-5-202Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.Vehicle: means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Tennessee Code 55-8-101(1) Knowingly own, operate or conduct a chop shop; (2) Transport any motor vehicle or motor vehicle component part to or from a location, knowing the location to be a chop shop; (3) Purchase or receive any motor vehicle or motor vehicle component part from a location knowing the location to be a chop shop; or (4) Sell or transfer any motor vehicle or motor vehicle component part to a location knowing the location to be a chop shop. (b) A violation of subdivision (a)(1) or (a)(2) is a Class D felony. In addition to the authorized term of imprisonment for a Class D felony, the violation shall also be punished by a minimum mandatory fine of three thousand five hundred dollars ($3,500). (c) A violation of subdivision (a)(3) shall be punished as theft pursuant to § 39-14-103 and graded pursuant to § 39-14-105 depending upon the value of the motor vehicle or motor vehicle component part purchased or received. (d) The penalty for a violation of subdivision (a)(4) shall be graded pursuant to § 39-14-105 depending upon the value of the motor vehicle or motor vehicle component part sold or transferred. (e) (1) In addition to any other punishment, a person convicted of a violation of this section shall be ordered to make restitution to the lawful owner or owners of the stolen motor vehicle or motor vehicle component part, or to the owner’s insurer, and to any other person for financial loss sustained as a result of a violation of this section. (2) “Financial loss” includes, but is not limited to, loss of earnings, out-of-pocket and other expenses, repair and replacement costs and claims payments. (3) “Lawful owner” includes an innocent bona fide purchaser of a motor vehicle or motor vehicle component part who does not know the motor vehicle or motor vehicle component part to be stolen. (f) The court shall determine the extent and method of restitution.