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Chapter 12.7. Unlawful Subleasing Of Motor Vehicles of California Penal Code >> Title 13. >> Part 1. >> Chapter 12.7.
An act of unlawful subleasing of a motor vehicle, as defined
in Section 571, shall be punishable by imprisonment in a county jail
for not more than one year, or by imprisonment pursuant to
subdivision (h) of Section 1170, or by a fine of not more than ten
thousand dollars ($10,000), or by both that fine and imprisonment.
(a) A person engages in an act of unlawful subleasing of a
motor vehicle if all of the following conditions are met:
(1) The motor vehicle is subject to a lease contract, conditional sale contract, or security agreement the terms of which prohibit the transfer or assignment of any right or interest in the motor vehicle or under the lease contract, conditional sale contract, or security agreement.
(2) The person is not a party to the lease contract, conditional sale contract, or security agreement.
(3) The person transfers or assigns, or purports to transfer or assign, any right or interest in the motor vehicle or under the lease contract, conditional sale contract, or security agreement, to any person who is not a party to the lease contract, conditional sale contract, or security agreement.
(4) The person does not obtain, prior to the transfer or assignment described in paragraph (3), written consent to the transfer or assignment from the motor vehicle's lessor, seller, or secured party.
(5) The person receives compensation or some other consideration for the transfer or assignment described in paragraph (3).
(b) A person engages in an act of unlawful subleasing of a motor vehicle when the person is not a party to the lease contract, conditional sale contract, or security agreement, and assists, causes, or arranges an actual or purported transfer or assignment, as described in subdivision (a).
(1) The motor vehicle is subject to a lease contract, conditional sale contract, or security agreement the terms of which prohibit the transfer or assignment of any right or interest in the motor vehicle or under the lease contract, conditional sale contract, or security agreement.
(2) The person is not a party to the lease contract, conditional sale contract, or security agreement.
(3) The person transfers or assigns, or purports to transfer or assign, any right or interest in the motor vehicle or under the lease contract, conditional sale contract, or security agreement, to any person who is not a party to the lease contract, conditional sale contract, or security agreement.
(4) The person does not obtain, prior to the transfer or assignment described in paragraph (3), written consent to the transfer or assignment from the motor vehicle's lessor, seller, or secured party.
(5) The person receives compensation or some other consideration for the transfer or assignment described in paragraph (3).
(b) A person engages in an act of unlawful subleasing of a motor vehicle when the person is not a party to the lease contract, conditional sale contract, or security agreement, and assists, causes, or arranges an actual or purported transfer or assignment, as described in subdivision (a).
(a) The actual or purported transfer or assignment, or the
assisting, causing, or arranging of an actual or purported transfer
or assignment, of any right or interest in a motor vehicle or under a
lease contract, conditional sale contract, or security agreement, by
an individual who is a party to the lease contract, conditional sale
contract, or security agreement is not an act of unlawful subleasing
of a motor vehicle and is not subject to prosecution.
(b) This chapter shall not affect the enforceability of any provision of any lease contract, conditional sale contract, security agreement, or direct loan agreement by any party thereto.
(b) This chapter shall not affect the enforceability of any provision of any lease contract, conditional sale contract, security agreement, or direct loan agreement by any party thereto.
(a) The penalties under this chapter are in addition to any
other remedies or penalties provided by law for the conduct
proscribed by this chapter.
(b) If any provision of this chapter or the application thereof to any person or circumstance is held to be unconstitutional, the remainder of the chapter and the application of its provisions to other persons and circumstances shall not be affected thereby.
(b) If any provision of this chapter or the application thereof to any person or circumstance is held to be unconstitutional, the remainder of the chapter and the application of its provisions to other persons and circumstances shall not be affected thereby.
As used in this chapter, the following terms have the
following meanings:
(a) "Buyer" has the meaning set forth in subdivision (c) of Section 2981 of the Civil Code.
(b) "Conditional sale contract" has the meaning set forth in subdivision (a) of Section 2981 of the Civil Code. Notwithstanding subdivision (k) of Section 2981 of the Civil Code, "conditional sale contract" includes any contract for the sale or bailment of a motor vehicle between a buyer and a seller primarily for business or commercial purposes.
(c) "Direct loan agreement" means an agreement between a lender and a purchaser whereby the lender has advanced funds pursuant to a loan secured by the motor vehicle which the purchaser has purchased.
(d) "Lease contract" means a lease contract between a lessor and lessee as this term and these parties are defined in Section 2985.7 of the Civil Code. Notwithstanding subdivision (d) of Section 2985.7 of the Civil Code, "lease contract" includes a lease for business or commercial purposes.
(e) "Motor vehicle" means any vehicle required to be registered under the Vehicle Code.
(f) "Person" means an individual, company, firm, association, partnership, trust, corporation, limited liability company, or other legal entity.
(g) "Purchaser" has the meaning set forth in paragraph (30) of subdivision (b) of Section 1201 of the Commercial Code.
(h) "Security agreement" and "secured party" have the meanings set forth, respectively, in paragraphs (74) and (73) of subdivision (a) of Section 9102 of the Commercial Code. "Security interest" has the meaning set forth in paragraph (35) of subdivision (b) of Section 1201 of the Commercial Code.
(i) "Seller" has the meaning set forth in subdivision (b) of Section 2981 of the Civil Code, and includes the present holder of the conditional sale contract.
(a) "Buyer" has the meaning set forth in subdivision (c) of Section 2981 of the Civil Code.
(b) "Conditional sale contract" has the meaning set forth in subdivision (a) of Section 2981 of the Civil Code. Notwithstanding subdivision (k) of Section 2981 of the Civil Code, "conditional sale contract" includes any contract for the sale or bailment of a motor vehicle between a buyer and a seller primarily for business or commercial purposes.
(c) "Direct loan agreement" means an agreement between a lender and a purchaser whereby the lender has advanced funds pursuant to a loan secured by the motor vehicle which the purchaser has purchased.
(d) "Lease contract" means a lease contract between a lessor and lessee as this term and these parties are defined in Section 2985.7 of the Civil Code. Notwithstanding subdivision (d) of Section 2985.7 of the Civil Code, "lease contract" includes a lease for business or commercial purposes.
(e) "Motor vehicle" means any vehicle required to be registered under the Vehicle Code.
(f) "Person" means an individual, company, firm, association, partnership, trust, corporation, limited liability company, or other legal entity.
(g) "Purchaser" has the meaning set forth in paragraph (30) of subdivision (b) of Section 1201 of the Commercial Code.
(h) "Security agreement" and "secured party" have the meanings set forth, respectively, in paragraphs (74) and (73) of subdivision (a) of Section 9102 of the Commercial Code. "Security interest" has the meaning set forth in paragraph (35) of subdivision (b) of Section 1201 of the Commercial Code.
(i) "Seller" has the meaning set forth in subdivision (b) of Section 2981 of the Civil Code, and includes the present holder of the conditional sale contract.
