(a) Upon conviction, any conveyance, including an aircraft, motor vehicle, or vessel is subject to forfeiture under this subchapter if it is used in the commission or attempt of:
(1) A burglary;
(2) A robbery;
(3) A theft;
(4) An arson; or
(5) Trafficking of persons, § 5-18-103.
(b) However:
(1) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this subchapter unless it appears that the owner or other person in charge of the conveyance was a consenting party or privy to the commission or attempt to commit the offense;
(2) No conveyance is subject to forfeiture under this subchapter by reason of any act or omission established by the owner of the conveyance to have been committed or omitted without his or her knowledge or consent and without the knowledge or consent of any person having possession, care, or control of the conveyance with the owner's permission; and
(3) A forfeiture of a conveyance encumbered by a security interest is subject to the security interest of the secured party if the secured party neither had knowledge of nor consented to the use of the conveyance in the commission or attempt to commit the offense.
(c) (1) An all-terrain vehicle used in the commission of a second or subsequent offense for criminal trespass, § 5-39-203, that occurs within five (5) years of a prior offense of criminal trespass, § 5-39-203, is subject to seizure and forfeiture under this subchapter.
(2) As used in this subsection, "all-terrain vehicle" means the same as defined in § 27-21-102.
Section: 5-5-202 5-5-203 5-5-204 NextLast modified: November 15, 2016