Okla. Stat. tit. 21, § 21-1738

vessels, etc. used in attempt or commission of certain crimes.

A. 1. Any commissioned peace officer of this state is

authorized to seize any equipment, vehicle, airplane, vessel or any

other conveyance that is used in the commission of any armed robbery

offense defined in Section 801 of this title, used to facilitate the

intentional discharge of any kind of firearm in violation of Section

652 of this title, used in violation of the Trademark Anti-

Counterfeiting Act, used in the attempt or commission of any act of

burglary in the first or second degree, motor vehicle theft,

unauthorized use of a vehicle, obliteration of distinguishing

numbers on vehicles or criminal possession of vehicles with altered,

removed or obliterated numbers as defined by Sections 1431, 1435,

1716, 1719 and 1720 of this title or Sections 4-104 and 4-107 of

Title 47 of the Oklahoma Statutes, used in the commission of any

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arson offense defined in Section 1401, 1402, 1403, 1404 or 1405 of

this title, used in any manner to facilitate or participate in the

commission of any human trafficking offense in violation of Section

748 of this title, or used by any defendant when such vehicle or

other conveyance is used in any manner by a prostitute, pimp or

panderer to facilitate or participate in the commission of any

prostitution offense in violation of Sections 1028, 1029 or 1030 of

this title; provided, however, that the vehicle or conveyance of a

customer or anyone merely procuring the services of a prostitute

shall not be included.

2. No conveyance used by a person as a common carrier in the

transaction of business as a common carrier shall be forfeited under

the provisions of this section unless it shall appear that the owner

or other person in charge of such conveyance was a consenting party

or privy to the unlawful use of the conveyance in violation of this

section.

3. No conveyance shall be forfeited under 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, and if the act is committed by

any person other than such owner, the owner shall establish further

that the conveyance 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.

B. In addition to the property described in subsection A of

this section, the following property is also subject to forfeiture

pursuant to this section:

1. Property used in the commission of theft of livestock or in

any manner to facilitate the theft of livestock;

2. The proceeds gained from the commission of theft of

livestock;

3. Personal property acquired with proceeds gained from the

commission of theft of livestock;

4. All conveyances, including aircraft, vehicles or vessels,

and horses or dogs which are used to transport or in any manner to

facilitate the transportation for the purpose of the commission of

theft of livestock;

5. Any items having a counterfeit mark and all property that is

owned by or registered to the defendant that is employed or used in

connection with any violation of the Trademark Anti-Counterfeiting

Act;

6. Any weapon possessed, used or available for use in any

manner during the commission of a felony within the State of

Oklahoma, or any firearm that is possessed by a convicted felon;

7. Any police scanner used in violation of Section 1214 of this

title;

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8. Any computer and its components and peripherals, including

but not limited to the central processing unit, monitor, keyboard,

printers, scanners, software, and hardware, when it is used in the

commission of any crime in this state;

9. All property used in the commission of, or in any manner to

facilitate, a violation of Section 1040.12a of this title;
e 21. Crimes and Punishments Page 802

8. Any computer and its components and peripherals, including

but not limited to the central processing unit, monitor, keyboard,

printers, scanners, software, and hardware, when it is used in the

commission of any crime in this state;

9. All property used in the commission of, or in any manner to

facilitate, a violation of Section 1040.12a of this title;

10. All conveyances, including aircraft, vehicles or vessels,

monies, coins and currency, or other instrumentality used or

intended to be used, in any manner or part, to commit a violation of

paragraph 1 of subsection A of Section 1021 of this title, where the

victim of the crime is a minor child, subsection B of Section 1021

of this title, Section 1021.2 of this title, paragraph 1 of

subsection A of Section 1111 of this title, or paragraphs 2 and 3 of

subsection A of Section 1123 of this title;

11. All conveyances, including aircraft, vehicles or vessels,

monies, coins and currency, or other instrumentality used in any

manner or part, to commit any violation of the provisions set forth

in Section 748 of this title;

12. Any and all property used in any manner or part to

facilitate, participate or further the commission of a human

trafficking offense in violation of Section 748 of this title, and

all property, including monies, real estate, or any other tangible

assets or property of or derived from or used by a prostitute, pimp

or panderer in any manner or part to facilitate, participate or

further the commission of any prostitution offense in violation of

Sections 1028, 1029 or 1030 of this title; provided, however, any

monies, real estate or any other tangible asset or property of a

customer or anyone merely procuring the services of a prostitute

shall not be included;

13. Any vehicle, airplane, vessel, or parts of a vehicle whose

numbers have been removed, altered or obliterated so as to prevent

determination of the true identity or ownership of said property and

parts of vehicles which probable cause indicates are stolen but

whose true ownership cannot be determined;

14. Any and all equipment or instrumentality used in any manner

or part to commit any act of catalytic converter theft in violation

of subsection B of Section 1435 of this title and any monies, coins,

currency, or financial instruments used, derived from or traceable

as proceeds from a violation of subsection B of Section 1435 of this

title;

15. Any and all equipment or instrumentality used in any manner

or part to commit any act of copper theft in violation of Section

1727 of this title, and any monies, coins, currency, or financial

instruments used, derived from or traceable as proceeds from a

violation of Section 1727 of this title; and

16. Any and all equipment or instrumentality used in any manner

or part to commit any violation of the Oklahoma Scrap Metal Dealers

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Act, and any monies, coins, currency, or financial instruments used

or traceable as proceeds from a violation of the Oklahoma Scrap

Metal Dealers Act.

C. Property described in subsection A or B of this section 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 action, or fails to file such action within ninety (90)

days of the date of the seizure of such equipment, the property

shall be returned to the owner.

D. Notice of seizure and intended forfeiture proceeding shall

be filed in the office of the clerk of the district court for the

county wherein such property is seized and shall be given all owners

and parties in interest.

E. Notice shall be given according to one of the following

methods:

1. Upon each owner or party in interest whose right, title, or
roperty

shall be returned to the owner.

D. Notice of seizure and intended forfeiture proceeding shall

be filed in the office of the clerk of the district court for the

county wherein such property is seized and shall be given all owners

and parties in interest.

E. Notice shall be given according to one of the following

methods:

1. Upon each owner or party in interest whose right, title, or

interest is of record in the Oklahoma Tax Commission or with the

county clerk for filings under the Uniform Commercial Code, served

in the manner of service of process in civil cases prescribed by

Section 2004 of Title 12 of the Oklahoma Statutes;

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

is known, served in the manner of service of process in civil cases

prescribed by Section 2004 of Title 12 of the Oklahoma Statutes; or

3. Upon all other owners, whose addresses are unknown, but who

are believed to have an interest in the property by one publication

in a newspaper of general circulation in the county where the

seizure was made.

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

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

interest or claimant may file a verified answer and claim to the

property described in the notice of seizure and of the intended

forfeiture proceeding.

G. 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 property forfeited to the state, if such fact is proven.

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

shall be set for hearing.

I. At the hearing the petitioner shall prove by clear and

convincing evidence that property was used in the attempt or

commission of an act specified in subsection A of this section or is

property described in subsection B of this section with knowledge by

the owner of the property.

J. The claimant of any right, title, or interest in the

property may prove the lien, mortgage, or conditional sales contract

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to be bona fide and that the right, title, or interest created by

the document was created without any knowledge or reason to believe

that the property was being, or was to be, used for the purpose

charged.

K. In the event of such proof, the court may order the property

released to the bona fide or innocent owner, lien holder, mortgagee,

or vendor if the amount due such person is equal to, or in excess

of, the value of the property as of the date of the seizure, it

being the intention of this section to forfeit only the right,

title, or interest of the purchaser, except for items bearing a

counterfeit mark or used exclusively to manufacture a counterfeit

mark.

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

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

may be forfeited to the state and may be sold pursuant to judgment

of the court, as on sale upon execution, and as provided in Section

2-508 of Title 63 of the Oklahoma Statutes, except as otherwise

provided for by law and for property bearing a counterfeit mark

which shall be destroyed.

M. Property taken or detained pursuant to this section shall

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

petitioner or in the custody of the law enforcement agency as

provided in the Trademark Anti-Counterfeiting Act. Except for

property required to be destroyed pursuant to the Trademark Anti-

Counterfeiting Act, the petitioner shall release said property to

the owner of the property if it is determined that the owner had no

knowledge of the illegal use of the property or if there is

insufficient evidence to sustain the burden of showing illegal use

of such property. If the owner of the property stipulates to the
or

property required to be destroyed pursuant to the Trademark Anti-

Counterfeiting Act, the petitioner shall release said property to

the owner of the property if it is determined that the owner had no

knowledge of the illegal use of the property or if there is

insufficient evidence to sustain the burden of showing illegal use

of such property. If the owner of the property stipulates to the

forfeiture and waives the hearing, the petitioner may determine if

the value of the property is equal to or less than the outstanding

lien. If such lien exceeds the value of the property, the property

may be released to the lien holder. Property which has not been

released by the petitioner shall be subject to the orders and

decrees of the court or the official having jurisdiction thereof.

N. The petitioner, or the law enforcement agency holding

property pursuant to the Trademark Anti-Counterfeiting Act, shall

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

or proceeding with a forfeiture action as provided for in this

section.

O. Attorney fees shall not be assessed against the state or the

petitioner for any actions or proceeding pursuant to Section 1701 et

seq. of this title.

P. The proceeds of the sale of any property shall be

distributed as follows, in the order indicated:

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

vendor, or mortgagee of the property, if any, up to the amount of

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such person's interest in the property, when the court declaring the

forfeiture orders a distribution to such person;

2. To the payment of the actual reasonable expenses of

preserving the property;

3. To the victim of the crime to compensate said victim for any

loss incurred as a result of the act for which such property was

forfeited; and

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

treasurer of the county wherein the property was seized, to be

distributed as follows: one-third (1/3) to the investigating law

enforcement agency; one-third (1/3) of said fund to be used and

maintained as a revolving fund by the district attorney to be used

to defray any lawful expenses of the office of the district

attorney; and one-third (1/3) to go to the jail maintenance fund,

with a yearly accounting to the board of county commissioners in

whose county the fund is established. If the petitioner is not the

district attorney, then the one-third (1/3) which would have been

designated to that office shall be distributed to the petitioner.

Monies distributed to the jail maintenance fund shall be used to pay

costs for the storage of such property if such property is ordered

released to a bona fide or innocent owner, lien holder, mortgagee,

or vendor and if such funds are available in said fund.

Q. If the court finds that the property was not used in the

attempt or commission of an act specified in subsection A of this

section and was not property subject to forfeiture pursuant to

subsection B of this section and is not property bearing a

counterfeit mark, the court shall order the property released to the

owner as the right, title, or interest appears on record in the Tax

Commission as of the seizure.

R. No vehicle, airplane, or vessel used by a person as a common

carrier in the transaction of business as a common carrier shall be

forfeited pursuant to the provisions of this section unless it shall

be proven that the owner or other person in charge of such

conveyance was a consenting party or privy to the attempt or

commission of an act specified in subsection A or B of this section.

No property 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, and by any person other than such owner while
nveyance was a consenting party or privy to the attempt or

commission of an act specified in subsection A or B of this section.

No property 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, and by any person other than such owner while

such property 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.

S. Whenever any property is forfeited pursuant to this section,

the district court having jurisdiction of the proceeding may order

that the forfeited property may be retained for its official use by

the state, county, or municipal law enforcement agency which seized

the property.

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