{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-4255","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-4255","heading":"Forfeiture of property","body":"A. The following are subject to forfeiture unless obtained by\n\ntheft, fraud, or conspiracy to defraud and the rightful owner is\n\nknown or can be identified and located:\n\n1. Any tool;\n\n2. Any implement; or\n\n3. Any instrumentality, including, but not limited to, any\n\nvessel or motor or vessel or motor part, whether owned or unowned by\n\nthe person from whose possession or control it was seized, which is\n\nused or possessed either in violation of Section 4253 of this title\n\nor to promote or facilitate a violation of Section 4253 of this\n\ntitle.\n\nB. Any vessel or motor, other conveyance, or vessel or motor\n\npart used by any person as a common carrier is subject to forfeiture\n\nunder this section where the owner or other person in charge of the\n\nvessel or motor, other conveyance, or vessel or motor part is a\n\nconsenting party to a violation of Section 4253 of this title.\n\nC. No vessel or motor, vessel or motor part, other conveyance,\n\ntool, implement, or instrumentality is subject to forfeiture under\n\nthis section by reason of any act or omission which the owner proves\n\nto have been committed or omitted without the owner’s knowledge or\n\nconsent.\n\nD. 1. Seizing agencies shall utilize their best efforts to\n\nidentify any seized vessel or motor or vessel or motor part to\n\ndetermine ownership or the identity of any other person having a\n\nright or interest in a seized vessel or motor or vessel or motor\n\npart. In its reasonable identification and owner location attempts,\n\nthe seizing agency shall cause the National Crime Information Center\n\n(NCIC) to be searched for stolen or wanted information on vessels or\n\nmotors similar to the seized vessel or motor or consistent with the\n\nseized vessel or motor part.\n\n2. Where a vessel or motor or vessel or motor part has an\n\napparent value in excess of One Thousand Dollars ($1,000.00):\n\na. the seizing agency shall consult with an expert of the\n\ntype specified in Section 4252 of this title, and\n\nb. the seizing agency shall also request searches of the\n\non-line and off-line files of the National Crime\n\nInformation Center (NCIC) when the state law\n\nenforcement files have been searched with negative\n\nresults.\n\nE. A forfeiture of a vessel or motor, vessel or motor part, or\n\nother conveyance encumbered by a bona fide security interest is\n\nsubject to the interest of the secured party where the secured party\n\nneither had knowledge of nor consented to the act or omission\n\nforming the ground for the forfeiture.\n\nF. Property described in subsection A of this section seized\n\nand held for forfeiture shall not be subject to replevin and is\n\nsubject only to the order and judgments of a court of competent\n\njurisdiction hearing the forfeiture proceedings.\n\nG. 1. The district attorney in the county where the seizure\n\noccurs shall bring an action for forfeiture in a court of competent\n\njurisdiction. The forfeiture action shall be brought within sixty\nof this section seized\n\nand held for forfeiture shall not be subject to replevin and is\n\nsubject only to the order and judgments of a court of competent\n\njurisdiction hearing the forfeiture proceedings.\n\nG. 1. The district attorney in the county where the seizure\n\noccurs shall bring an action for forfeiture in a court of competent\n\njurisdiction. The forfeiture action shall be brought within sixty\n\n(60) days from the date of seizure except where the district\n\nattorney in the sound exercise of discretion determines that no\n\nforfeiture action should be brought because of the rights of\n\nproperty owners, lienholders, or secured creditors, or because of\n\nexculpatory, exonerating, or mitigating facts and circumstances.\n\n2. The district attorney shall give notice of the forfeiture\n\nproceeding by mailing a copy of the complaint in the forfeiture\n\nproceeding to each person whose right, title, or interest is of\n\nrecord in Service Oklahoma, the Department of Public Safety, the\n\nFederal Aviation Agency, or any other department of the state, or\n\nany other state or territory of the United States, or of the federal\n\ngovernment if such property is required to be registered in any such\n\ndepartment.\n\n3. Notice of the proceeding shall be given to any such other\n\nperson as may appear, from the facts and circumstances, to have any\n\nright, title, or interest in or to the property.\n\n4. The owner of the property, or any person having, or\n\nclaiming, right, title, or interest in the property may within sixty\n\n(60) days after the mailing of such notice file a verified answer to\n\nthe complaint and may appear at the hearing on the action for\n\nforfeiture.\n\n5. The district attorney shall show at a forfeiture hearing, by\n\na preponderance of the evidence, that such property was used in the\n\ncommission of a violation of Section 4253 of this title, or was used\n\nor possessed to facilitate such violation.\n\n6. The owner of property may show by a preponderance of the\n\nevidence that the owner did not know, and did not have reason to\n\nknow, that the property was to be used or possessed in the\n\ncommission of any violation or that any of the exceptions to\n\nforfeiture are applicable.\n\n7. Unless the district attorney shall make the showing required\n\nof it, the court shall order the property released to the owner.\n\nWhere the prosecutor has made such a showing, the court may order:\n\na. the property be destroyed by the agency which seized\n\nit or some other agency designated by the court,\n\nb. the property be delivered and retained for use by the\n\nagency which seized it or some other agency designated\n\nby the court, or\n\nc. the property be sold at public sale.\n\nH. A copy of a forfeiture order shall be filed with the sheriff\n\nof the county in which the forfeiture occurs and with each federal\n\nor state department with which such property is required to be\n\nregistered. Such order, when filed, constitutes authority for the\n\nissuance to the agency to whom the property is delivered and\n\nretained for use or to any purchaser of the property of a title\n\ncertificate, registration certificate, or other special certificate\n\nas may be required by law considering the condition of the property.\n\nI. Proceeds from sale at public auction, after payment of all\n\nreasonable charges and expenses incurred by the agency designated by\n\nthe court to conduct the sale in storing and selling the property,\n\nshall be paid to the general fund of the county of seizure or\n\ntreasury of the governmental unit employing the seizing agency.\n\nJ. No vessel or motor, either seized under Section 4254 of this\n\ntitle or forfeited under this section, shall be released by the\n\nseizing agency or used or sold by an agency designated by the court\n\nunless any altered, counterfeited, defaced, destroyed, disguised,\n\nfalsified, forged, obliterated, or removed hull identification\nre or\n\ntreasury of the governmental unit employing the seizing agency.\n\nJ. No vessel or motor, either seized under Section 4254 of this\n\ntitle or forfeited under this section, shall be released by the\n\nseizing agency or used or sold by an agency designated by the court\n\nunless any altered, counterfeited, defaced, destroyed, disguised,\n\nfalsified, forged, obliterated, or removed hull identification\n\nnumber, manufacturer’s serial number or other identification number\n\nis corrected by the issuance and affixing of either an assigned or\n\nreplacement hull identification number plate, manufacturer’s serial\n\nnumber plate or other identification number plate as may be\n\nappropriate under laws or regulations of this state.\n\nK. No motor part having any altered, counterfeited, defaced,\n\ndestroyed, disguised, falsified, forged, obliterated, or removed\n\nhull identification number, manufacturer’s serial number or other\n\nidentification number shall be disposed of upon forfeiture except by\n\ndestruction thereof, except that this provision shall not apply to\n\nany vessel or motor part which is assembled with and constitutes\n\npart of a vessel or motor.\n\nL. No vessel or motor or vessel or motor part shall be\n\nforfeited under this section solely on the basis that it is\n\nunidentifiable. Instead of forfeiture, any seized vessel or motor\n\nor vessel or motor part which is unidentifiable shall be the subject\n\nof a written report sent by the seizing agency to the Department of\n\nPublic Safety which report shall include a description of the vessel\n\nor motor or vessel or motor part, its color, if any, the date, time\n\nand place of its seizure, the name of the person from whose\n\npossession or control it was seized, the grounds for its seizure,\n\nand the location where the same is held or stored.\n\nM. When a seized unidentifiable vessel or motor or vessel or\n\nmotor part has been held for sixty (60) days or more after the\n\nnotice to the Department of Public Safety specified in subsection L\n\nof this section has been given, the seizing agency or its agent\n\nshall cause the vessel or motor or vessel or motor part to be sold\n\nat public sale to the highest bidder. Notice of the time and place\n\nof sale shall be posted in a conspicuous place for at least thirty\n\n(30) days prior to the sale on the premises where the vessel or\n\nmotor or vessel or motor part has been stored.\n\nN. When a seized unidentifiable vessel or motor or vessel or\n\nmotor part has an apparent value of One Thousand Dollars ($1,000.00)\n\nor less, the seizing agency shall authorize the disposal of the\n\nvessel or motor or vessel or motor part, provided that no such\n\ndisposition shall be made less than sixty (60) days after the date\n\nof seizure.\n\nO. The proceeds of the public sale of an unidentifiable vessel\n\nor motor or vessel or motor part shall be deposited in the General\n\nRevenue Fund of the state, or treasury of the governmental unit\n\nemploying the seizing agency after deduction of any reasonable and\n\nnecessary towing and storage charges.\n\nP. Seizing agencies shall utilize their best efforts to arrange\n\nfor the towing and storing of vessels or motors and vessel or motor\n\nparts in the most economical manner possible. In no event shall the\n\nowner of a vessel or motor or a vessel or motor part be required to\n\npay more than the minimum reasonable costs of towing and storage.\n\nQ. A seized vessel or motor or vessel or motor part that is\n\nneither forfeited nor unidentifiable shall be held subject to the\n\norder of the court in which the criminal action is pending or, if a\n\nrequest for its release from such custody is made, until the\n\ndistrict attorney has notified the defendant or the defendant’s\n\nattorney of such request and both the prosecution and defense have\n\nbeen afforded a reasonable opportunity for an examination of the\n\nproperty to determine its true value and to produce or reproduce, by\norder of the court in which the criminal action is pending or, if a\n\nrequest for its release from such custody is made, until the\n\ndistrict attorney has notified the defendant or the defendant’s\n\nattorney of such request and both the prosecution and defense have\n\nbeen afforded a reasonable opportunity for an examination of the\n\nproperty to determine its true value and to produce or reproduce, by\n\nphotographs or other identifying techniques, legally sufficient\n\nevidence for introduction at trial or other criminal proceedings.\n\nUpon expiration of a reasonable time for the completion of the\n\nexamination, which in no event shall exceed fourteen (14) days from\n\nthe date of service upon the defense of the notice of request for\n\nreturn of property as provided herein, the property shall be\n\nreleased to the person making such request after satisfactory proof\n\nof such person’s entitlement to the possession thereof.\n\nNotwithstanding the foregoing, upon application by either party with\n\nnotice to the other, the court may order retention of the property\n\nif it determines that retention is necessary in the furtherance of\n\njustice.\n\nR. When a seized vessel or motor is forfeited, restored to its\n\nowner, or disposed of as unidentifiable, the seizing agency shall\n\nretain a report of the transaction for a period of at least one (1)\n\nyear from the date of the transaction.\n\nS. When an applicant for a certificate of title or salvage\n\ncertificate presents to Service Oklahoma proof that the applicant\n\npurchased or acquired a vessel or motor at a public sale conducted\n\npursuant to this section and such fact is attested to by the seizing\n\nagency, Service Oklahoma shall issue a certificate of title, salvage\n\ncertificate for the vessel or motor upon receipt of the statutory\n\nfee, properly executed application for a certificate of title, or\n\nother certificate of ownership, and the affidavit of the seizing\n\nagency that a state-assigned number was applied for and affixed to\n\nthe vessel or motor prior to the time that the vessel or motor was\n\nreleased by the seizing agency to the purchaser.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"bc49300adb588d253b5a0fea0fa37b7c7750e9b0c704182f024a3fa369d5aba6","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-4254","next":"us-ok/okla.-stat.-tit.-63-63-4256"},"notice":"GroundRules: Original legal text. Not legal advice."}