2011 Kansas Code
Chapter 21. - CRIMES AND PUNISHMENTS
Article 37. - CRIMES AGAINST PROPERTY
21-3757 Odometers; unlawful acts; penalties; definitions.

21-3757. Odometers; unlawful acts; penalties; definitions. (a) For the purpose of this section, the following words and phrases shall have the following meanings:

(1) "Motor vehicle" means any vehicle other than a motorized bicycle which is self-propelled and is required to be registered under the provisions of article 1 of chapter 8 of Kansas Statutes Annotated.

(2) "Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, and is required to be registered under the provisions of article 1 of chapter 8 of Kansas Statutes Annotated, except that such term shall not include motorized bicycles or mobile homes.

(3) "True mileage" means the actual mileage the motor vehicle has been driven.

(4) "Person" means an individual, partnership, corporation or association.

(5) "Odometer" means an instrument for measuring and recording the actual distance a motor vehicle travels while in operation, but shall not include any auxiliary odometer designed to be reset by the operator of the motor vehicle for the purpose of recording mileage on trips.

(b) It shall be unlawful for any person to knowingly tamper with, adjust, alter, change, set back, disconnect or fail to connect the odometer of any motor vehicle, or cause any of the foregoing to occur to an odometer of a motor vehicle, so as to reflect a lower mileage than the true mileage traveled by the motor vehicle.

(c) It shall be unlawful for any person to conspire with any other person to violate the provisions of this section.

(d) It shall be unlawful for any person, with the intent to defraud, to operate a motor vehicle on any street or highway knowing that the odometer of the motor vehicle is disconnected or nonfunctional.

(e) It shall be unlawful for any person to advertise for sale, sell, use or install on any part of a motor vehicle or on any odometer in a motor vehicle any device which causes the odometer to register any mileage other than the true mileage.

(f) It shall be unlawful for any person to sell or offer to sell, with the intent to defraud, a motor vehicle knowing that the odometer of such motor vehicle was tampered with, adjusted, altered, changed, set back, disconnected or failed to be connected so as to reflect a lower mileage than the true mileage of such motor vehicle.

(g) (1) Nothing in this section shall prevent the service, repair or replacement of an odometer, provided the mileage indicated thereon remains the same as before the service, repair or replacement. If the odometer is incapable of registering the same mileage as before such service, repair or replacement, the odometer shall be adjusted to read zero and a notice shall be attached permanently to the left door frame of the vehicle by the owner or owner's agent specifying the mileage prior to repair or replacement of the odometer, the date on which it was repaired or replaced and the vehicle identification number.

(2) It shall be unlawful for any person to fail to adjust an odometer or affix a notice regarding such adjustment, as required under this section.

(3) It shall be unlawful for any person to remove or alter any notice affixed to a vehicle pursuant to the provisions of this section.

(h) Every action pursuant to this section shall be brought in the district court of any county in which there occurred any act or practice declared to be a violation of this section, or in which the defendant resides or has such person's principal place of business.

(i) The provisions of this section shall not apply to antique motor vehicles which could be registered under the provisions of K.S.A. 8-166 et seq., and amendments thereto, or to special interest vehicles which could be registered under the provisions of K.S.A. 8-194 et seq., and amendments thereto.

(j) Violation of this section is a severity level 9, nonperson felony.