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.