1. 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. (1) Is not expressly provided for by a specific state or federal statute;
   2. (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. (3) Is not an equitable or constructive lien imposed by a state or federal court of competent jurisdiction.
2. 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. 3. The offense of filing a nonconsensual common law lien is a class B misdemeanor.

(L. 2014 S.B. 491)

Effective 1-01-17