Okla. Stat. tit. 22, § 22-1405
This is the official text of Okla. Stat. tit. 22, § 22-1405, part of Oklahoma’s Stat. tit. 22, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 22,." Browse the sections below, each linked to its official government source.
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Criminal forfeiture procedures
Official statutory text
A. Any person convicted of violating any of the provisions of
Section 1403 of the Oklahoma Racketeer-Influenced and Corrupt
Organizations Act shall criminally forfeit to the state, according
to the procedures established in subsection B of this section, any
real or personal property used in the course of, intended for use in
the course of, derived from, or realized through conduct in
violation of Section 1403 of the Oklahoma Racketeer-Influenced and
Corrupt Organizations Act, including any property constituting an
interest in or means of control or influence over the enterprise
Oklahoma Statutes - Title 22. Criminal Procedure Page 543
involved in the conduct in violation of Section 1403 of the Oklahoma
Racketeer-Influenced and Corrupt Organizations Act, including:
1. Any compensation, right, or benefit derived from a position,
office, appointment, tenure, commission, or employment contract that
accrued to the person during the course of conduct in violation of
Section 1403 of the Oklahoma Racketeer-Influenced and Corrupt
Organizations Act;
2. Any interest in, security of, claim against, or property or
contractual right affording the person a source of influence or
control over the affairs of an enterprise that the person exercised
in violation of Section 1403 of the Oklahoma Racketeer-Influenced
and Corrupt Organizations Act; or
3. Any amount payable or paid pursuant to any contract for
goods or services that was awarded or performed in violation of
Section 1403 of the Oklahoma Racketeer-Influenced and Corrupt
Organizations Act.
B. The criminal forfeiture procedures are as follows:
1. A judgment of criminal forfeiture shall not be entered
unless a special verdict containing a finding of property subject to
forfeiture, specifying the extent of such property and describing
with specificity such property and the circumstances by which the
property is subject to forfeiture is returned; and
2. If any property included in a special verdict of criminal
forfeiture:
a. cannot be located,
b. has been sold to a bona fide purchaser for value,
c. has been placed beyond the jurisdiction of the court,
d. has been substantially diminished in value by the
conduct of the defendant,
e. has been commingled with other property that cannot be
divided without difficulty or undue injury to innocent
parties,
f. is otherwise unreachable without undue injury to
innocent parties, or
g. is subject to a valid security interest, to the extent
of the security interest, held by a bank, savings and
loan association, credit union or supervised lender
licensed by the Oklahoma Administrator of Consumer
Credit, acquired prior to the lien notice provided by
Section 1412 of this title,
the district court shall order forfeiture of any other property of
the defendant up to the value of the property that is unreachable.
Section 1403 of the Oklahoma Racketeer-Influenced and Corrupt
Organizations Act shall criminally forfeit to the state, according
to the procedures established in subsection B of this section, any
real or personal property used in the course of, intended for use in
the course of, derived from, or realized through conduct in
violation of Section 1403 of the Oklahoma Racketeer-Influenced and
Corrupt Organizations Act, including any property constituting an
interest in or means of control or influence over the enterprise
Oklahoma Statutes - Title 22. Criminal Procedure Page 543
involved in the conduct in violation of Section 1403 of the Oklahoma
Racketeer-Influenced and Corrupt Organizations Act, including:
1. Any compensation, right, or benefit derived from a position,
office, appointment, tenure, commission, or employment contract that
accrued to the person during the course of conduct in violation of
Section 1403 of the Oklahoma Racketeer-Influenced and Corrupt
Organizations Act;
2. Any interest in, security of, claim against, or property or
contractual right affording the person a source of influence or
control over the affairs of an enterprise that the person exercised
in violation of Section 1403 of the Oklahoma Racketeer-Influenced
and Corrupt Organizations Act; or
3. Any amount payable or paid pursuant to any contract for
goods or services that was awarded or performed in violation of
Section 1403 of the Oklahoma Racketeer-Influenced and Corrupt
Organizations Act.
B. The criminal forfeiture procedures are as follows:
1. A judgment of criminal forfeiture shall not be entered
unless a special verdict containing a finding of property subject to
forfeiture, specifying the extent of such property and describing
with specificity such property and the circumstances by which the
property is subject to forfeiture is returned; and
2. If any property included in a special verdict of criminal
forfeiture:
a. cannot be located,
b. has been sold to a bona fide purchaser for value,
c. has been placed beyond the jurisdiction of the court,
d. has been substantially diminished in value by the
conduct of the defendant,
e. has been commingled with other property that cannot be
divided without difficulty or undue injury to innocent
parties,
f. is otherwise unreachable without undue injury to
innocent parties, or
g. is subject to a valid security interest, to the extent
of the security interest, held by a bank, savings and
loan association, credit union or supervised lender
licensed by the Oklahoma Administrator of Consumer
Credit, acquired prior to the lien notice provided by
Section 1412 of this title,
the district court shall order forfeiture of any other property of
the defendant up to the value of the property that is unreachable.
Status: in_force · Read it on the official government site
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