HB 1756 -- Counterfeiting

Sponsor:  Walton

This bill changes the laws regarding the counterfeiting of goods.
In its main provisions, the bill:

(1)  Redefines "counterfeit mark," "retail value," "physical
injury," and "serious physical injury";

(2)  Specifies that a counterfeiting offense involving less than
100 items or services valued at $1,000 or less will be a class A
misdemeanor;

(3)  Increases the penalty for a counterfeiting offense involving
100 to 1,000 items or services valued at $1,000 to $10,000 from a
class D felony to a class C felony;

(4)  Increases the penalty for a counterfeiting offense when the
person has been previously convicted two or more times, the
violation involves 1,000 or more items or services valued at
$10,000 or more, or the person knowingly or recklessly causes or
attempts to cause the physical injury of another person from a
class C felony to a class B felony;

(5)  Adds the penalty of a class A felony if a person knowingly
or recklessly causes or attempts to cause the serious physical
injury or death of another person in the commission of any
counterfeiting offense;

(6)  Requires the forfeiture of all counterfeited property used
or sold and any property directly or indirectly obtained as the
result of the counterfeiting offense;

(7)  Requires the court, at the conclusion of all criminal and
civil forfeiture proceedings, to order any forfeited item to be
destroyed with the written consent of the trademark owners; and

(8)  Requires any person convicted of a counterfeiting offense to
pay restitution to the trademark owner and any other victim of
the offense in the amount of any expenses incurred by the
trademark owner in the investigation and prosecution of the
offense as well as any profits realized by the person convicted
of the offense.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:11 pm