HB 1756 -- COUNTERFEITING (Walton)

COMMITTEE OF ORIGIN:  Special Committee on Homeland Security

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

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

(2)  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;

(3)  Increases the penalty for a counterfeiting offense from a
class C felony to a class B felony 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;

(4)  Makes it a class A felony when 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;

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

(6)  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

(7)  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.

FISCAL NOTE:  Estimated Cost on General Revenue Fund of Less than
$100,000 in FY 2009, FY 2010, and FY 2011.  No impact on Other
State Funds in FY 2009, FY 2010, and FY 2011.

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