3531

Any person who possesses, buys, receives, stores, conceals, transports, retains or disposes by sale, barter, or otherwise, of a heavy construction or agricultural equipment unit with the knowledge that the same was obtained through illegal appropriation, theft, extortion or any other unlawful manner, shall be punished by imprisonment for a fixed term of six (6) years. Should there be aggravating circumstances, the fixed penalty established may be increased up to a maximum of ten (10) years; should there be extenuating circumstances, the same may be reduced down to a minimum of four (4) years. The court may impose the penalty of restitution in addition to the penalty of imprisonment established herein, or both. Should there be aggravating circumstances, the fixed penalty established may be increased up to a maximum of twelve (12) years; should there be extenuating circumstances, the same may be reduced down to a minimum of six (6) years. The court may impose the penalty of restitution in addition to the penalty of imprisonment established.\nHistory —Sept. 30, 2004, No. 531, § 6.03, eff. 6 months after Sept. 30, 2004.