16-11-112. Vehicles with false or secret compartments.

As used in this Code section, the term:#

1. (1)

   1. (A)

      “False or secret compartment” means any enclosure which is integrated into or attached to a vehicle and the purpose of the compartment is to conceal, hide, or prevent discovery by law enforcement officers of:#

      1. (i)

         A person concealed for an unlawful purpose;#

      2. (ii)

         Controlled substances possessed in violation of Article 2 of Chapter 13 of this title; or#

      3. (iii)

         Other contraband.#

   2. (B)

      Examples of “false or secret compartment” may include, but are not limited to:#

      1. (i)

         False, altered, or modified fuel tanks;#

      2. (ii)

         Original factory equipment on a vehicle that has been modified; or#

      3. (iii)

         Any compartment, space, or box that is added or attached to existing compartments, spaces, or boxes of the vehicle.#

2. (2)

   “Vehicle” includes, but is not limited to, cars, trucks, buses, motorcycles, bicycles, aircraft, helicopters, boats, ships, yachts, and other vessels.#

It may be inferred that the accused intended to use a false or secret compartment if a person knowingly has a false or secret compartment which:#

1. (1)

   Is concealing a person for an unlawful purpose;#

2. (2)

   Is concealing a controlled substance in violation of Article 2 of Chapter 13 of this title;#

3. (3)

   Is concealing other contraband;#

4. (4)

   Shows evidence of the previous concealment of a person for an unlawful purpose;#

5. (5)

   Shows evidence of the previous concealment of controlled substances in violation of Article 2 of Chapter 13 of this title; or#

6. (6)

   Shows evidence of the previous concealment of other contraband.#

1. (1)

   It is unlawful for any person to knowingly own or operate any vehicle containing a false or secret compartment.#

2. (2)

   It is unlawful for any person to knowingly install, create, build, or fabricate in any vehicle a false or secret compartment.#

3. (3)

   It is unlawful for any person to knowingly sell, trade, or otherwise dispose of a vehicle which is in violation of this Code section.#

Any person who violates this Code section shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than two years, by a fine not to exceed $10,000.00, or both.#

Upon the arrest of a person who owns or is operating a vehicle which is in violation of this Code section, if the vehicle is not otherwise subject to forfeiture under other provisions of law, or not determined to be needed to be held as evidence, the law enforcement officer shall seize the license plate and registration for such vehicle and shall issue a citation for violation of this Code section and a temporary operating permit for the vehicle. The temporary operating permit shall be on a form as prescribed by the state revenue commissioner. The temporary operating permit shall be valid for 30 days or until the owner of the vehicle provides verification that such vehicle has been repaired so as to eliminate any violation of this Code section, whichever occurs first. Such vehicle shall be subject to inspection by law enforcement and if it is determined that such vehicle has been repaired, the license plate and registration shall be returned to the owner at such time.#