Okla. Stat. tit. 21, § 21-1040.54

offenses relating to obscene material or child sexual abuse

material.

A. Any peace officer of this state is authorized to seize any

equipment which is used, or intended for use in the preparing,

photographing, printing, selling, exhibiting, publishing,

distributing, displaying, advertising, filming, copying, recording,

or mailing of obscene material, as defined in paragraph 1 of

subsection B of Section 1024.1 of this title or child sexual abuse

material, as defined in subsection A of Section 1024.1 of this

title. Said equipment may be held as evidence until a forfeiture

has been declared or a release ordered. Forfeiture actions under

this section may be brought by the district attorney in the proper

county of venue as petitioner; provided, in the event the district

attorney elects not to file such an action, or fails to file such

action within ninety (90) days of the date of the seizure of such

equipment, a forfeiture action may be brought by the entity seizing

such equipment as petitioner.

B. Notice of seizure and intended forfeiture proceeding shall

be given all owners and parties in interest by the party seeking

forfeiture as follows:

1. Upon each owner or party in interest whose name and address

is known, by mailing a copy of the notice by registered mail to the

last-known address; and

2. Upon all other owners or parties in interest, whose

addresses are unknown, by one publication in a newspaper of general

circulation in the county where the seizure was made.

C. Within sixty (60) days after the mailing or publication of

the notice, the owner of the equipment and any other party in

interest may file a verified answer and claim to the equipment

described in the notice of seizure and of the intended forfeiture

proceeding.

Oklahoma Statutes - Title 21. Crimes and Punishments Page 446

D. If at the end of sixty (60) days after the notice has been

mailed or published there is no verified answer on file, the court

shall hear evidence upon the fact of the unlawful use and may order

the equipment forfeited to the state, if such fact is proven.

E. If a verified answer is filed, the forfeiture proceeding

shall be set for hearing.

F. At the hearing the party seeking the forfeiture shall prove

by clear and convincing evidence that the equipment was used in the

preparing, photographing, printing, selling, exhibiting, publishing,

distributing, displaying, advertising, filming, copying, recording,

or mailing of obscene material, as defined in paragraph 1 of

subsection B of Section 1024.1 of this title or child sexual abuse

material, as defined in Section 1024.1 of this title, with knowledge

by the owner of the equipment.

G. The owner or party in interest may prove that the right or

interest in the equipment was created without any knowledge or

reason to believe that the equipment was being, or was to be, used

for the purpose charged.

H. In the event of such proof, the court may order the

equipment released to the bona fide or innocent owner or party in

interest if the amount due the person is equal to, or in excess of,

the value of the equipment as of the date of the seizure.

I. If the amount due to such person is less than the value of

the equipment, or if no bona fide claim is established, the

equipment shall be forfeited to the state and shall be sold pursuant

to the judgment of the court.

J. Equipment taken or detained pursuant to this section shall

not be repleviable, but shall be deemed to be in the custody of the

office of the district attorney of the county where the equipment

was seized or in the custody of the party seeking the forfeiture.

The district attorney or the party seeking the equipment may release

said equipment to the owner of the equipment if it is determined

that the owner had no knowledge of the illegal use of the equipment

or if there is insufficient evidence to sustain the burden of
office of the district attorney of the county where the equipment

was seized or in the custody of the party seeking the forfeiture.

The district attorney or the party seeking the equipment may release

said equipment to the owner of the equipment if it is determined

that the owner had no knowledge of the illegal use of the equipment

or if there is insufficient evidence to sustain the burden of

showing illegal use of the equipment. Equipment which has not been

released by the district attorney or the party seizing the equipment

shall be subject to the orders and decrees of the court or the

official having jurisdiction thereof.

K. The district attorney or the party seizing such equipment

shall not be held civilly liable for having custody of the seized

equipment or proceeding with a forfeiture action as provided for in

this section.

L. The proceeds of the sale of any equipment not taken or

detained by the Oklahoma State Bureau of Narcotics and Dangerous

Drugs Control, the Department of Public Safety, the Oklahoma State

Bureau of Investigation, the Alcoholic Beverage Laws Enforcement

Commission, the Department of Corrections or the Office of the

Oklahoma Statutes - Title 21. Crimes and Punishments Page 447

Attorney General shall be distributed as follows, in the order

indicated:

1. To the bona fide or innocent purchaser or conditional sales

vendor of the equipment, if any, up to the amount of the person's

interest in the equipment, when the court declaring the forfeiture

orders a distribution to such person;

2. To the payment of the actual expenses of preserving the

equipment; and

3. The balance to a revolving fund in the office of the county

treasurer of the county where the equipment was seized, said fund to

be used and maintained as a revolving fund for any purpose by the

department that made the seizure with a yearly accounting to the

board of county commissioners in whose county the fund is

established. Monies from said fund may be used to pay costs for the

storage of such equipment if such equipment is ordered released to a

bona fide or innocent owner, purchaser, or conditional sales vendor

and if such monies are available in said fund.

M. The proceeds of the sale of any equipment seized, taken or

detained by the Oklahoma State Bureau of Narcotics and Dangerous

Drugs Control, the Department of Public Safety, the Oklahoma State

Bureau of Investigation, the Alcoholic Beverage Laws Enforcement

Commission, the Department of Corrections or the Office of the

Attorney General shall be distributed as follows, in the order

indicated:

1. To the bona fide or innocent purchaser or conditional sales

vendor of the equipment, if any, up to the amount of the person's

interest in the equipment, when the court declaring the forfeiture

orders a distribution to such person;

2. To the payment of the actual expenses of preserving the

equipment; and

3. The balance to a revolving fund of the agency seizing said

equipment to be used and maintained as a revolving fund for law

enforcement purposes by the agency seizing said equipment. Monies

from said fund may be used to pay costs for the storage of such

equipment if such equipment is ordered released to a bona fide or

innocent owner, purchaser, or conditional sales vendor.

N. When any equipment is forfeited pursuant to this section,

the district court of jurisdiction may order that the equipment

seized may be retained by the state, county, or municipal law

enforcement agency which seized the equipment for its official use.

O. If the court finds that the equipment was not used in the

preparing, photographing, printing, selling, exhibiting, publishing,

distributing, displaying, advertising, filming, copying, recording,

or mailing of obscene material, as defined in paragraph 1 of

subsection B of Section 1024.1 of this title or child sexual abuse

material as defined in Section 1024.1 of this title, the court shall
O. If the court finds that the equipment was not used in the

preparing, photographing, printing, selling, exhibiting, publishing,

distributing, displaying, advertising, filming, copying, recording,

or mailing of obscene material, as defined in paragraph 1 of

subsection B of Section 1024.1 of this title or child sexual abuse

material as defined in Section 1024.1 of this title, the court shall

order the equipment released to the owner.

Oklahoma Statutes - Title 21. Crimes and Punishments Page 448

P. No equipment shall be forfeited pursuant to the provisions

of this section by reason of any act or omission established by the

owner thereof to have been committed or omitted without the

knowledge or consent of such owner, or by any person other than such

owner while such equipment was unlawfully in the possession of a

person other than the owner in violation of the criminal laws of the

United States or of any state.