Filing a nonconsensual common law lien — penalty

§ 575.133 RSMo — under Offenses Against the Administration of Justice.

§ 575.133 RSMo

575.133. Filing a nonconsensual common law lien — penalty. — 1. A person commits the offense of filing a nonconsensual common law lien if he or she files a document that purports to assert a lien against the assets, real or personal, of any person and that, regardless of any self-description:

(1) Is not expressly provided for by a specific state or federal statute;

(2) Does not depend upon the consent of the owner of the property affected or the existence of a contract for its existence; and

(3) Is not an equitable or constructive lien imposed by a state or federal court of competent jurisdiction.

2. This section shall not apply to a filing officer as defined in section 428.105 that is acting in the scope of his or her employment.

3. The offense of filing a nonconsensual common law lien is a class B misdemeanor, unless it is a second offense, in which case it is a class A misdemeanor. Any third or subsequent offense of filing a nonconsensual common law lien is a class E felony. Any person convicted of a third or subsequent offense of filing a nonconsensual common law lien shall be considered a persistent offender, as such term is defined in section 558.016.

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(L. 2014 S.B. 491, A.L. 2025 H.B. 495)

Severability clause, see § 1.1001