13-4304
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13-4304. Property subject to forfeiture; exemptions All property, including all interests in such property, described in a statute providing for its forfeiture is subject to forfeiture. However: 1. No vehicle used by any person as a common carrier in the transaction of business as a common carrier may be forfeited under the provisions of this chapter unless it appears that the owner or other person in charge of the vehicle was a consenting party or privy to the act or omission giving rise to forfeiture or knew or had reason to know of it. 2. No vehicle may be forfeited under the provisions of this chapter for any act or omission established by the owner to have been committed or omitted by a person other than the owner while the vehicle was unlawfully in the possession of a person other than the owner in violation of the criminal laws of this state or of the United States. 3. No property may be forfeited pursuant to section 13-3413, subsection A, paragraph 1 or 3 if the conduct giving rise to the forfeiture both: (a) Did not involve an amount of unlawful substance greater than the statutory threshold amount as defined in section 13-3401. (b) Was not committed for financial gain. 4. No owner's or interest holder's interest may be forfeited under this chapter if the owner or interest holder establishes all of the following: (a) He acquired the interest before or during the conduct giving rise to forfeiture. (b) He did not empower any person whose act or omission gives rise to forfeiture with legal or equitable power to convey the interest, as to a bona fide purchaser for value, and he was not married to any such person or if married to such person, held the property as separate property. (c) He did not know and could not reasonably have known of the act or omission or that it was likely to occur. 5. No owner's or interest holder's interest may be forfeited under this chapter if the owner or interest holder establishes all of the following: (a) He acquired the interest after the conduct giving rise to forfeiture. (b) He is a bona fide purchaser for value not knowingly taking part in an illegal transaction. (c) He was at the time of purchase and at all times after the purchase and before the filing of a racketeering lien notice or the provision of notice of pending forfeiture or the filing and notice of a civil or criminal proceeding under this title relating to the property, whichever is earlier, reasonably without notice of the act or omission giving rise to forfeiture and reasonably without cause to believe that the property was subject to forfeiture. |