{"data":{"id":"us-ok/okla.-stat.-tit.-21-21-1738","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 21, § 21-1738","heading":"Seizure and forfeiture proceedings - Vehicles, airplanes,","body":"vessels, etc. used in attempt or commission of certain crimes.\n\nA. 1. Any commissioned peace officer of this state is\n\nauthorized to seize any equipment, vehicle, airplane, vessel or any\n\nother conveyance that is used in the commission of any armed robbery\n\noffense defined in Section 801 of this title, used to facilitate the\n\nintentional discharge of any kind of firearm in violation of Section\n\n652 of this title, used in violation of the Trademark Anti-\n\nCounterfeiting Act, used in the attempt or commission of any act of\n\nburglary in the first or second degree, motor vehicle theft,\n\nunauthorized use of a vehicle, obliteration of distinguishing\n\nnumbers on vehicles or criminal possession of vehicles with altered,\n\nremoved or obliterated numbers as defined by Sections 1431, 1435,\n\n1716, 1719 and 1720 of this title or Sections 4-104 and 4-107 of\n\nTitle 47 of the Oklahoma Statutes, used in the commission of any\n\narson offense defined in Section 1401, 1402, 1403, 1404 or 1405 of\n\nthis title, used in any manner to facilitate or participate in the\n\ncommission of any human trafficking offense in violation of Section\n\n748 of this title, or used by any defendant when such vehicle or\n\nother conveyance is used in any manner by a prostitute, pimp or\n\npanderer to facilitate or participate in the commission of any\n\nprostitution offense in violation of Sections 1028, 1029 or 1030 of\n\nthis title; provided, however, that the vehicle or conveyance of a\n\ncustomer or anyone merely procuring the services of a prostitute\n\nshall not be included.\n\n2. No conveyance used by a person as a common carrier in the\n\ntransaction of business as a common carrier shall be forfeited under\n\nthe provisions of this section unless it shall appear that the owner\n\nor other person in charge of such conveyance was a consenting party\n\nor privy to the unlawful use of the conveyance in violation of this\n\nsection.\n\n3. No conveyance shall be forfeited under the provisions of\n\nthis 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, and if the act is committed by\n\nany person other than such owner, the owner shall establish further\n\nthat the conveyance was unlawfully in the possession of a person\n\nother than the owner in violation of the criminal laws of the United\n\nStates or of any state.\n\nB. In addition to the property described in subsection A of\n\nthis section, the following property is also subject to forfeiture\n\npursuant to this section:\n\n1. Property used in the commission of theft of livestock or in\n\nany manner to facilitate the theft of livestock;\n\n2. The proceeds gained from the commission of theft of\n\nlivestock;\n\n3. Personal property acquired with proceeds gained from the\n\ncommission of theft of livestock;\n\n4. All conveyances, including aircraft, vehicles or vessels,\n\nand horses or dogs which are used to transport or in any manner to\n\nfacilitate the transportation for the purpose of the commission of\n\ntheft of livestock;\n\n5. Any items having a counterfeit mark and all property that is\n\nowned by or registered to the defendant that is employed or used in\n\nconnection with any violation of the Trademark Anti-Counterfeiting\n\nAct;\n\n6. Any weapon possessed, used or available for use in any\n\nmanner during the commission of a felony within the State of\n\nOklahoma, or any firearm that is possessed by a convicted felon;\n\n7. Any police scanner used in violation of Section 1214 of this\n\ntitle;\n\n8. Any computer and its components and peripherals, including\n\nbut not limited to the central processing unit, monitor, keyboard,\n\nprinters, scanners, software, and hardware, when it is used in the\n\ncommission of any crime in this state;\n\n9. All property used in the commission of, or in any manner to\n\nfacilitate, a violation of Section 1040.12a of this title;\ne 21. Crimes and Punishments Page 802\n\n8. Any computer and its components and peripherals, including\n\nbut not limited to the central processing unit, monitor, keyboard,\n\nprinters, scanners, software, and hardware, when it is used in the\n\ncommission of any crime in this state;\n\n9. All property used in the commission of, or in any manner to\n\nfacilitate, a violation of Section 1040.12a of this title;\n\n10. All conveyances, including aircraft, vehicles or vessels,\n\nmonies, coins and currency, or other instrumentality used or\n\nintended to be used, in any manner or part, to commit a violation of\n\nparagraph 1 of subsection A of Section 1021 of this title, where the\n\nvictim of the crime is a minor child, subsection B of Section 1021\n\nof this title, Section 1021.2 of this title, paragraph 1 of\n\nsubsection A of Section 1111 of this title, or paragraphs 2 and 3 of\n\nsubsection A of Section 1123 of this title;\n\n11. All conveyances, including aircraft, vehicles or vessels,\n\nmonies, coins and currency, or other instrumentality used in any\n\nmanner or part, to commit any violation of the provisions set forth\n\nin Section 748 of this title;\n\n12. Any and all property used in any manner or part to\n\nfacilitate, participate or further the commission of a human\n\ntrafficking offense in violation of Section 748 of this title, and\n\nall property, including monies, real estate, or any other tangible\n\nassets or property of or derived from or used by a prostitute, pimp\n\nor panderer in any manner or part to facilitate, participate or\n\nfurther the commission of any prostitution offense in violation of\n\nSections 1028, 1029 or 1030 of this title; provided, however, any\n\nmonies, real estate or any other tangible asset or property of a\n\ncustomer or anyone merely procuring the services of a prostitute\n\nshall not be included;\n\n13. Any vehicle, airplane, vessel, or parts of a vehicle whose\n\nnumbers have been removed, altered or obliterated so as to prevent\n\ndetermination of the true identity or ownership of said property and\n\nparts of vehicles which probable cause indicates are stolen but\n\nwhose true ownership cannot be determined;\n\n14. Any and all equipment or instrumentality used in any manner\n\nor part to commit any act of catalytic converter theft in violation\n\nof subsection B of Section 1435 of this title and any monies, coins,\n\ncurrency, or financial instruments used, derived from or traceable\n\nas proceeds from a violation of subsection B of Section 1435 of this\n\ntitle;\n\n15. Any and all equipment or instrumentality used in any manner\n\nor part to commit any act of copper theft in violation of Section\n\n1727 of this title, and any monies, coins, currency, or financial\n\ninstruments used, derived from or traceable as proceeds from a\n\nviolation of Section 1727 of this title; and\n\n16. Any and all equipment or instrumentality used in any manner\n\nor part to commit any violation of the Oklahoma Scrap Metal Dealers\n\nAct, and any monies, coins, currency, or financial instruments used\n\nor traceable as proceeds from a violation of the Oklahoma Scrap\n\nMetal Dealers Act.\n\nC. Property described in subsection A or B of this section may\n\nbe held as evidence until a forfeiture has been declared or a\n\nrelease ordered. Forfeiture actions under this section may be\n\nbrought by the district attorney in the proper county of venue as\n\npetitioner; provided, in the event the district attorney elects not\n\nto file such action, or fails to file such action within ninety (90)\n\ndays of the date of the seizure of such equipment, the property\n\nshall be returned to the owner.\n\nD. Notice of seizure and intended forfeiture proceeding shall\n\nbe filed in the office of the clerk of the district court for the\n\ncounty wherein such property is seized and shall be given all owners\n\nand parties in interest.\n\nE. Notice shall be given according to one of the following\n\nmethods:\n\n1. Upon each owner or party in interest whose right, title, or\nroperty\n\nshall be returned to the owner.\n\nD. Notice of seizure and intended forfeiture proceeding shall\n\nbe filed in the office of the clerk of the district court for the\n\ncounty wherein such property is seized and shall be given all owners\n\nand parties in interest.\n\nE. Notice shall be given according to one of the following\n\nmethods:\n\n1. Upon each owner or party in interest whose right, title, or\n\ninterest is of record in the Oklahoma Tax Commission or with the\n\ncounty clerk for filings under the Uniform Commercial Code, served\n\nin the manner of service of process in civil cases prescribed by\n\nSection 2004 of Title 12 of the Oklahoma Statutes;\n\n2. Upon each owner or party in interest whose name and address\n\nis known, served in the manner of service of process in civil cases\n\nprescribed by Section 2004 of Title 12 of the Oklahoma Statutes; or\n\n3. Upon all other owners, whose addresses are unknown, but who\n\nare believed to have an interest in the property by one publication\n\nin a newspaper of general circulation in the county where the\n\nseizure was made.\n\nF. Within sixty (60) days after the mailing or publication of\n\nthe notice, the owner of the property and any other party in\n\ninterest or claimant may file a verified answer and claim to the\n\nproperty described in the notice of seizure and of the intended\n\nforfeiture proceeding.\n\nG. 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 property forfeited to the state, if such fact is proven.\n\nH. If a verified answer is filed, the forfeiture proceeding\n\nshall be set for hearing.\n\nI. At the hearing the petitioner shall prove by clear and\n\nconvincing evidence that property was used in the attempt or\n\ncommission of an act specified in subsection A of this section or is\n\nproperty described in subsection B of this section with knowledge by\n\nthe owner of the property.\n\nJ. The claimant of any right, title, or interest in the\n\nproperty may prove the lien, mortgage, or conditional sales contract\n\nto be bona fide and that the right, title, or interest created by\n\nthe document was created without any knowledge or reason to believe\n\nthat the property was being, or was to be, used for the purpose\n\ncharged.\n\nK. In the event of such proof, the court may order the property\n\nreleased to the bona fide or innocent owner, lien holder, mortgagee,\n\nor vendor if the amount due such person is equal to, or in excess\n\nof, the value of the property as of the date of the seizure, it\n\nbeing the intention of this section to forfeit only the right,\n\ntitle, or interest of the purchaser, except for items bearing a\n\ncounterfeit mark or used exclusively to manufacture a counterfeit\n\nmark.\n\nL. If the amount due to such person is less than the value of\n\nthe property, or if no bona fide claim is established, the property\n\nmay be forfeited to the state and may be sold pursuant to judgment\n\nof the court, as on sale upon execution, and as provided in Section\n\n2-508 of Title 63 of the Oklahoma Statutes, except as otherwise\n\nprovided for by law and for property bearing a counterfeit mark\n\nwhich shall be destroyed.\n\nM. Property taken or detained pursuant to this section shall\n\nnot be repleviable, but shall be deemed to be in the custody of the\n\npetitioner or in the custody of the law enforcement agency as\n\nprovided in the Trademark Anti-Counterfeiting Act. Except for\n\nproperty required to be destroyed pursuant to the Trademark Anti-\n\nCounterfeiting Act, the petitioner shall release said property to\n\nthe owner of the property if it is determined that the owner had no\n\nknowledge of the illegal use of the property or if there is\n\ninsufficient evidence to sustain the burden of showing illegal use\n\nof such property. If the owner of the property stipulates to the\nor\n\nproperty required to be destroyed pursuant to the Trademark Anti-\n\nCounterfeiting Act, the petitioner shall release said property to\n\nthe owner of the property if it is determined that the owner had no\n\nknowledge of the illegal use of the property or if there is\n\ninsufficient evidence to sustain the burden of showing illegal use\n\nof such property. If the owner of the property stipulates to the\n\nforfeiture and waives the hearing, the petitioner may determine if\n\nthe value of the property is equal to or less than the outstanding\n\nlien. If such lien exceeds the value of the property, the property\n\nmay be released to the lien holder. Property which has not been\n\nreleased by the petitioner shall be subject to the orders and\n\ndecrees of the court or the official having jurisdiction thereof.\n\nN. The petitioner, or the law enforcement agency holding\n\nproperty pursuant to the Trademark Anti-Counterfeiting Act, shall\n\nnot be held civilly liable for having custody of the seized property\n\nor proceeding with a forfeiture action as provided for in this\n\nsection.\n\nO. Attorney fees shall not be assessed against the state or the\n\npetitioner for any actions or proceeding pursuant to Section 1701 et\n\nseq. of this title.\n\nP. The proceeds of the sale of any property shall be\n\ndistributed as follows, in the order indicated:\n\n1. To the bona fide or innocent purchaser, conditional sales\n\nvendor, or mortgagee of the property, if any, up to the amount of\n\nsuch person's interest in the property, when the court declaring the\n\nforfeiture orders a distribution to such person;\n\n2. To the payment of the actual reasonable expenses of\n\npreserving the property;\n\n3. To the victim of the crime to compensate said victim for any\n\nloss incurred as a result of the act for which such property was\n\nforfeited; and\n\n4. The balance to a revolving fund in the office of the county\n\ntreasurer of the county wherein the property was seized, to be\n\ndistributed as follows: one-third (1/3) to the investigating law\n\nenforcement agency; one-third (1/3) of said fund to be used and\n\nmaintained as a revolving fund by the district attorney to be used\n\nto defray any lawful expenses of the office of the district\n\nattorney; and one-third (1/3) to go to the jail maintenance fund,\n\nwith a yearly accounting to the board of county commissioners in\n\nwhose county the fund is established. If the petitioner is not the\n\ndistrict attorney, then the one-third (1/3) which would have been\n\ndesignated to that office shall be distributed to the petitioner.\n\nMonies distributed to the jail maintenance fund shall be used to pay\n\ncosts for the storage of such property if such property is ordered\n\nreleased to a bona fide or innocent owner, lien holder, mortgagee,\n\nor vendor and if such funds are available in said fund.\n\nQ. If the court finds that the property was not used in the\n\nattempt or commission of an act specified in subsection A of this\n\nsection and was not property subject to forfeiture pursuant to\n\nsubsection B of this section and is not property bearing a\n\ncounterfeit mark, the court shall order the property released to the\n\nowner as the right, title, or interest appears on record in the Tax\n\nCommission as of the seizure.\n\nR. No vehicle, airplane, or vessel used by a person as a common\n\ncarrier in the transaction of business as a common carrier shall be\n\nforfeited pursuant to the provisions of this section unless it shall\n\nbe proven that the owner or other person in charge of such\n\nconveyance was a consenting party or privy to the attempt or\n\ncommission of an act specified in subsection A or B of this section.\n\nNo property shall be forfeited pursuant to the provisions of this\n\nsection by reason of any act or omission established by the owner\n\nthereof to have been committed or omitted without the knowledge or\n\nconsent of such owner, and by any person other than such owner while\nnveyance was a consenting party or privy to the attempt or\n\ncommission of an act specified in subsection A or B of this section.\n\nNo property shall be forfeited pursuant to the provisions of this\n\nsection by reason of any act or omission established by the owner\n\nthereof to have been committed or omitted without the knowledge or\n\nconsent of such owner, and by any person other than such owner while\n\nsuch property was unlawfully in the possession of a person other\n\nthan the owner in violation of the criminal laws of the United\n\nStates or of any state.\n\nS. Whenever any property is forfeited pursuant to this section,\n\nthe district court having jurisdiction of the proceeding may order\n\nthat the forfeited property may be retained for its official use by\n\nthe state, county, or municipal law enforcement agency which seized\n\nthe property.","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":"4aae2d2fa0a6b40e1331a7a6689582f9123d8988ee2896684989df587766e685","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-21-21-1737","next":"us-ok/okla.-stat.-tit.-21-21-1739"},"notice":"GroundRules: Original legal text. Not legal advice."}