{"data":{"id":"us-ok/okla.-stat.-tit.-21-21-1040.54","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 21, § 21-1040.54","heading":"Seizure and forfeiture of equipment used in certain","body":"offenses relating to obscene material or child sexual abuse\n\nmaterial.\n\nA. Any peace officer of this state is authorized to seize any\n\nequipment which is used, or intended for use in the preparing,\n\nphotographing, printing, selling, exhibiting, publishing,\n\ndistributing, displaying, advertising, filming, copying, recording,\n\nor mailing of obscene material, as defined in paragraph 1 of\n\nsubsection B of Section 1024.1 of this title or child sexual abuse\n\nmaterial, as defined in subsection A of Section 1024.1 of this\n\ntitle. Said equipment may be held as evidence until a forfeiture\n\nhas been declared or a release ordered. Forfeiture actions under\n\nthis section may be brought by the district attorney in the proper\n\ncounty of venue as petitioner; provided, in the event the district\n\nattorney elects not to file such an action, or fails to file such\n\naction within ninety (90) days of the date of the seizure of such\n\nequipment, a forfeiture action may be brought by the entity seizing\n\nsuch equipment as petitioner.\n\nB. Notice of seizure and intended forfeiture proceeding shall\n\nbe given all owners and parties in interest by the party seeking\n\nforfeiture as follows:\n\n1. Upon each owner or party in interest whose name and address\n\nis known, by mailing a copy of the notice by registered mail to the\n\nlast-known address; and\n\n2. Upon all other owners or parties in interest, whose\n\naddresses are unknown, by one publication in a newspaper of general\n\ncirculation in the county where the seizure was made.\n\nC. Within sixty (60) days after the mailing or publication of\n\nthe notice, the owner of the equipment and any other party in\n\ninterest may file a verified answer and claim to the equipment\n\ndescribed in the notice of seizure and of the intended forfeiture\n\nproceeding.\n\nD. If at the end of sixty (60) days after the notice has been\n\nmailed or published there is no verified answer on file, the court\n\nshall hear evidence upon the fact of the unlawful use and may order\n\nthe equipment forfeited to the state, if such fact is proven.\n\nE. If a verified answer is filed, the forfeiture proceeding\n\nshall be set for hearing.\n\nF. At the hearing the party seeking the forfeiture shall prove\n\nby clear and convincing evidence that the equipment was used in the\n\npreparing, photographing, printing, selling, exhibiting, publishing,\n\ndistributing, displaying, advertising, filming, copying, recording,\n\nor mailing of obscene material, as defined in paragraph 1 of\n\nsubsection B of Section 1024.1 of this title or child sexual abuse\n\nmaterial, as defined in Section 1024.1 of this title, with knowledge\n\nby the owner of the equipment.\n\nG. The owner or party in interest may prove that the right or\n\ninterest in the equipment was created without any knowledge or\n\nreason to believe that the equipment was being, or was to be, used\n\nfor the purpose charged.\n\nH. In the event of such proof, the court may order the\n\nequipment released to the bona fide or innocent owner or party in\n\ninterest if the amount due the person is equal to, or in excess of,\n\nthe value of the equipment as of the date of the seizure.\n\nI. If the amount due to such person is less than the value of\n\nthe equipment, or if no bona fide claim is established, the\n\nequipment shall be forfeited to the state and shall be sold pursuant\n\nto the judgment of the court.\n\nJ. Equipment taken or detained pursuant to this section shall\n\nnot be repleviable, but shall be deemed to be in the custody of the\n\noffice of the district attorney of the county where the equipment\n\nwas seized or in the custody of the party seeking the forfeiture.\n\nThe district attorney or the party seeking the equipment may release\n\nsaid equipment to the owner of the equipment if it is determined\n\nthat the owner had no knowledge of the illegal use of the equipment\n\nor if there is insufficient evidence to sustain the burden of\noffice of the district attorney of the county where the equipment\n\nwas seized or in the custody of the party seeking the forfeiture.\n\nThe district attorney or the party seeking the equipment may release\n\nsaid equipment to the owner of the equipment if it is determined\n\nthat the owner had no knowledge of the illegal use of the equipment\n\nor if there is insufficient evidence to sustain the burden of\n\nshowing illegal use of the equipment. Equipment which has not been\n\nreleased by the district attorney or the party seizing the equipment\n\nshall be subject to the orders and decrees of the court or the\n\nofficial having jurisdiction thereof.\n\nK. The district attorney or the party seizing such equipment\n\nshall not be held civilly liable for having custody of the seized\n\nequipment or proceeding with a forfeiture action as provided for in\n\nthis section.\n\nL. The proceeds of the sale of any equipment not taken or\n\ndetained by the Oklahoma State Bureau of Narcotics and Dangerous\n\nDrugs Control, the Department of Public Safety, the Oklahoma State\n\nBureau of Investigation, the Alcoholic Beverage Laws Enforcement\n\nCommission, the Department of Corrections or the Office of the\n\nAttorney General shall be distributed as follows, in the order\n\nindicated:\n\n1. To the bona fide or innocent purchaser or conditional sales\n\nvendor of the equipment, if any, up to the amount of the person's\n\ninterest in the equipment, when the court declaring the forfeiture\n\norders a distribution to such person;\n\n2. To the payment of the actual expenses of preserving the\n\nequipment; and\n\n3. The balance to a revolving fund in the office of the county\n\ntreasurer of the county where the equipment was seized, said fund to\n\nbe used and maintained as a revolving fund for any purpose by the\n\ndepartment that made the seizure with a yearly accounting to the\n\nboard of county commissioners in whose county the fund is\n\nestablished. Monies from said fund may be used to pay costs for the\n\nstorage of such equipment if such equipment is ordered released to a\n\nbona fide or innocent owner, purchaser, or conditional sales vendor\n\nand if such monies are available in said fund.\n\nM. The proceeds of the sale of any equipment seized, taken or\n\ndetained by the Oklahoma State Bureau of Narcotics and Dangerous\n\nDrugs Control, the Department of Public Safety, the Oklahoma State\n\nBureau of Investigation, the Alcoholic Beverage Laws Enforcement\n\nCommission, the Department of Corrections or the Office of the\n\nAttorney General shall be distributed as follows, in the order\n\nindicated:\n\n1. To the bona fide or innocent purchaser or conditional sales\n\nvendor of the equipment, if any, up to the amount of the person's\n\ninterest in the equipment, when the court declaring the forfeiture\n\norders a distribution to such person;\n\n2. To the payment of the actual expenses of preserving the\n\nequipment; and\n\n3. The balance to a revolving fund of the agency seizing said\n\nequipment to be used and maintained as a revolving fund for law\n\nenforcement purposes by the agency seizing said equipment. Monies\n\nfrom said fund may be used to pay costs for the storage of such\n\nequipment if such equipment is ordered released to a bona fide or\n\ninnocent owner, purchaser, or conditional sales vendor.\n\nN. When any equipment is forfeited pursuant to this section,\n\nthe district court of jurisdiction may order that the equipment\n\nseized may be retained by the state, county, or municipal law\n\nenforcement agency which seized the equipment for its official use.\n\nO. If the court finds that the equipment was not used in the\n\npreparing, photographing, printing, selling, exhibiting, publishing,\n\ndistributing, displaying, advertising, filming, copying, recording,\n\nor mailing of obscene material, as defined in paragraph 1 of\n\nsubsection B of Section 1024.1 of this title or child sexual abuse\n\nmaterial as defined in Section 1024.1 of this title, the court shall\nO. If the court finds that the equipment was not used in the\n\npreparing, photographing, printing, selling, exhibiting, publishing,\n\ndistributing, displaying, advertising, filming, copying, recording,\n\nor mailing of obscene material, as defined in paragraph 1 of\n\nsubsection B of Section 1024.1 of this title or child sexual abuse\n\nmaterial as defined in Section 1024.1 of this title, the court shall\n\norder the equipment released to the owner.\n\nP. No equipment shall be forfeited pursuant to the provisions\n\nof this section by reason of any act or omission established by the\n\nowner thereof to have been committed or omitted without the\n\nknowledge or consent of such owner, or by any person other than such\n\nowner while such equipment was unlawfully in the possession of a\n\nperson other than the owner in violation of the criminal laws of the\n\nUnited States or of any state.","path":["OK Code","Title 21"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os21.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"af43a02312ce779d54d764cdf8b2b01c3a25720ebc40894fe42219de5335de51","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-21-21-1040.53","next":"us-ok/okla.-stat.-tit.-21-21-1040.55"},"notice":"GroundRules: Original legal text. Not legal advice."}