2019 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 1 - General Provisions
Chapter 5 - Disposition of Contraband and Seized Property
Subchapter 2 - Forfeiture of Conveyances Used in Commission of Certain Crimes
§ 5-5-201. Forfeiture Requirement - Exceptions

(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) A conveyance used by any person as a common carrier in the transaction of business as a common carrier is not 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) A conveyance is not 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) A person who uses or possesses one (1) or more of the following items or conveyances in the commission of a second or subsequent offense for criminal trespass, § 5-39-203, or criminal trespass on premises located in an unincorporated area, § 5-39-305, that occurs within five (5) years of a prior offense of criminal trespass, § 5-39-203, or criminal trespass on premises located in an unincorporated area, § 5-39-305, is subject to that item's or conveyance's being seized and forfeited under this subchapter:

  • (A) An all-terrain vehicle, as defined under § 27-21-102;

  • (B) A conveyance, including an aircraft, motor vehicle, or vessel;

  • (C) A harvesting device, as defined under § 5-39-101;

  • (D) A killing device, as defined under § 5-39-101; or

  • (E) A tool or other implement.

• (2) A person or entity that has a valid security interest in an item or conveyance subject to seizure and forfeiture under this subsection is entitled to notice of any forfeiture proceeding as well as the right to intervene in the forfeiture proceeding in order to secure and represent the person's or entity's interest in the item or conveyance to be forfeited.