2010 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 1 - General Provisions
Chapter 5 - Disposition of Contraband and Seized Property
Subchapter 3 - Forfeiture of Property Due to Theft of Livestock
§ 5-5-302 - Property subject to forfeiture.

5-5-302. Property subject to forfeiture.

(a) The following property is subject to forfeiture pursuant to this subchapter:

(1) Contraband property used or intended to be used in the commission of theft of livestock;

(2) The proceeds gained from the commission of theft of livestock;

(3) Personal property acquired with proceeds gained from the commission of theft of livestock;

(4) (A) Any conveyance, including an aircraft, vessel, vehicle, or horse that is used or intended for use to transport or in any manner to facilitate the transportation for the purpose of the commission of theft of livestock.

(B) No conveyance used by any person as a common carrier in the transportation of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this subchapter.

(C) No conveyance is subject to forfeiture under this section by reason of any act or omission established by the owner of the conveyance to have been committed or omitted without the owner's knowledge or consent.

(D) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the bona fide security interest of the secured party;

(5) Any book, record, or research product or material including microfilm, tape, or data that is used or intended for use in the theft of livestock; and

(6) (A) (i) Anything of value furnished or intended to be furnished or traded or used as payment or invested for anything of value in return for the commission of the theft of livestock.

(ii) However, subdivision (a)(6)(A)(i) of this section does not include real property.

(B) It may be presumed that property described in subdivision (a)(6)(A)(i) of this section was acquired with proceeds gained from the commission of theft of livestock and is subject to forfeiture.

(b) Property that is used in the commission of theft of livestock that has title of ownership with two (2) parties on the title or a cosigner is subject to forfeiture if one (1) party on the title uses the property in the commission of theft of livestock or receives titled property as the proceeds of the commission of theft of livestock, even if the second party claims that he or she did not have knowledge or involvement in the commission of theft of livestock.

(c) (1) Any money, coin, or currency found in possession of a person arrested for the theft of livestock or found in, on, or in close proximity to any forfeited property used or intended for the use in the theft of livestock is presumed to be forfeitable under this section.

(2) The burden of proof is upon a claimant of property described in subdivision (c)(1) of this section to rebut the presumption under subdivision (c)(1) of this section.