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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