T.P.I. -- CRIM. 11.15

MISREPRESENTATION OF MILEAGE ON USED MOTOR

VEHICLE ODOMETER/FRAUDULENT ALTERATION OR REMOVAL OF MOTOR VEHICLE MILEAGE NOTICE PLATE

            Any person who [misrepresents the mileage on a used motor vehicle which is offered for sale, trade-in or exchange by changing the mileage registering instrument of such vehicle so as to show a lesser mileage reading than that recorded by the instrument][(alters)(removes), with fraudulent intent, a mileage notice plate attached to a motor vehicle] is guilty of a crime.

            For you to find the defendant guilty of this offense, the State must have proven beyond a reasonable doubt the existence of the following essential elements:

[PART A:

            (1)  that the defendant misrepresented the mileage on a used motor

                   vehicle;

and

            (2)  that the used motor vehicle was offered for sale, trade-in or exchange;

and

            (3)  that the misrepresentation of the mileage on the vehicle was done by

                   changing the mileage registering instrument of such vehicle so as to

                   show a lesser mileage reading than that recorded by the instrument;

and

            (4)  that the defendant acted either intentionally, knowingly or recklessly.]¹ 

[PART B:

            (1)             that the defendant (altered)(removed) a mileage notice plate which   had been attached to a motor vehicle to give notice of mileage before service, repair or replacement of the motor vehicle odometer and notice of the date of said service, repair or replacement;

and

            (2)             that the defendant acted with intent to defraud;

and

            (3)             that the defendant acted intentionally, knowingly or recklessly.]²

[“Mileage registering instrument”]["odometer"] is defined as an instrument for measuring and recording the actual distance a motor vehicle travels while in operation; it does not include any auxiliary odometer designed to be reset by the operator of the motor vehicle for the purpose of recording mileage on trips.³

            "Intentionally" means that a person acts intentionally with respect to the nature of the conduct or to a result of the conduct when it is the person's conscious objective or desire to engage in the conduct or cause the result.⁴

            "Knowingly" means that a person acts knowingly with respect to the conduct or to circumstances surrounding the conduct when the person is aware of the nature of the conduct or that the circumstances exist.  A person acts knowingly with respect to a result of the person's conduct when the person is aware that the conduct is reasonably certain to cause the result.⁵

            "Recklessly" means that a person acts recklessly with respect to circumstances surrounding the conduct or the result of the conduct when the person is aware of, but consciously disregards, a substantial and unjustifiable risk that the circumstances exist or the result will occur.  The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the person's standpoint.⁶

            The requirement of “recklessness” is also established if it is shown that the defendant acted knowingly or intentionally.⁷

            The requirement of “knowingly” is also established if it is shown that the defendant acted intentionally.⁸

[It is an exception to this offense⁹ that the mileage registering instrument was serviced, repaired or replaced because of damage, or normal use or wear, provided that after the said service, repair or replacement:

            (1) the odometer was set to the mileage registered prior to the said         service, repair or replacement;

or

            (2) if the mileage would not remain the same after every reasonable                            attempt to set the odometer to the mileage registered prior to the          service, repair or replacement, the odometer was adjusted to read                          zero; and the mileage before the service, repair or replacement and                      date of said service, repair or replacement was permanently affixed to                   the vehicle by means of a rivet plate.]

If the defendant proves this exception by a preponderance of the                 evidence, then you should find (him)(her) not guilty.¹⁰

FOOTNOTES

  1.  Tenn. Code Ann. § 39-14-132(a); Tenn. Code Ann. § 39-11-301(c) and                    accompanying Sentencing Commission comment. See Comment 2.

  2.  Tenn. Code Ann. § 39-14-132(b); Tenn. Code Ann. § 39-11-301(c) and                   accompanying Sentencing Commission comment. See Comment 2.

  3.  Tenn. Code Ann. § 55-1-121.

  4.  Tenn. Code Ann. § 39-11-106(a)(18).

  5.  Tenn. Code Ann. § 39-11-106(a)(20).

  6.  Tenn. Code Ann. § 39-11-106(a)(31).

  7.  Tenn. Code Ann. § 39-11-301(a)(2).

  8.  Tenn. Code Ann. § 39-11-301(a)(2).

  9.  Tenn. Code Ann. § 39-14-132(a)-misrepresentation of mileage on used            motor vehicle.

10.  Tenn. Code Ann. § 39-11-202.

COMMENTS

              1.  Misrepresentation of mileage on a used motor vehicle odometer and fraudulent alteration or removal of a mileage notice plate are Class A misdemeanors.  Tenn. Code Ann. § 39-14-132(c).

              2.  If the definition of an offense within Title 39 does not plainly dispense with a mental element, intent, knowledge or recklessness suffices to establish the culpable mental state.  Tenn. Code Ann. § 39-11-301(c).  The Committee is of the opinion that the definitions of "intentionally", "knowingly", and "recklessly" should all be charged for this offense.

              3.  The term "motor vehicle" is defined in Tenn. Code Ann. § 55-1-103(3).