§539.1. Forfeited property related to certain sex crimes; exempt property; allocation of forfeited property
A. When personal property is forfeited under the provisions of R.S. 14:40.3 (Cyberstalking), R.S. 14:46.2 (Human trafficking), R.S. 14:46.3 (Trafficking of children for sexual purposes), R.S. 14:80 (Felony carnal knowledge of a juvenile), R.S. 14:81 (Indecent behavior with juveniles), R.S. 14:81.1 (Pornography involving juveniles), R.S. 14:81.2 (Molestation of a juvenile), R.S. 14:81.3 (Computer-aided solicitation of a minor), and R.S. 14:86 (Enticing persons into prostitution), the district attorney shall authorize a public sale or a public auction conducted by a licensed auctioneer, without appraisal, of that which is not required by law to be destroyed and which is not harmful to the public.
B.(1) The personal property shall be exempt from sale if it was stolen or if the possessor of the property was not the owner and the owner did not know that the personal property was being used in the commission of the crime. If this exemption is applicable, the personal property shall not be released until such time as all applicable fees related to its seizure and storage are paid. An Internet service provider shall not be required to pay seizure or storage fees to secure the release of equipment leased to an offender.
(2) Property subject to forfeiture pursuant to the provisions of this Section shall be exempt from forfeiture when a spouse, co-owner, or interest holder in the property establishes by sworn affidavit executed before a notary public the following:
(a) That he had no knowledge of the commission of the criminal conduct and could not have reasonably known of the conduct.
(b) That he did not consent to the use of property in the commission of the criminal conduct.
(c) That he owns an interest in the property otherwise subject to forfeiture.
(3) The property of an Internet service provider shall be exempt from forfeiture.
(4) Intentionally falsifying information required by the provisions of Paragraph (2) of this Subsection shall subject the affiant to prosecution under the provisions of R.S. 14:125.
C. In addition, the personal property shall be exempt from sale if it is subject to a lien recorded prior to the date of the offense and if the applicable fees related to the property's seizure and storage are paid by a valid lien holder.
D. The proceeds of the public sale or public auction shall pay the costs of the public sale or public auction, court costs, and fees related to the seizure and storage of the personal property. Any proceeds remaining shall be distributed by the district attorney in the following manner:
(1) Sixty percent to the seizing agency or agencies in an equitable manner.
(2) Twenty percent to the prosecuting agency.
(3) Twenty percent to the criminal court fund of the parish in which the offender was prosecuted.
§539.1. Forfeited property related to certain sex crimes; exempt property; allocation of forfeited property
A. When personal property is forfeited under the provisions of R.S. 14:40.3 (Cyberstalking), R.S. 14:46.2 (Human trafficking), R.S. 14:46.3 (Trafficking of children for sexual purposes), R.S. 14:80 (Felony carnal knowledge of a juvenile), R.S. 14:81 (Indecent behavior with juveniles), R.S. 14:81.1 (Pornography involving juveniles), R.S. 14:81.2 (Molestation of a juvenile), R.S. 14:81.3 (Computer-aided solicitation of a minor), and R.S. 14:86 (Enticing persons into prostitution), the district attorney shall authorize a public sale or a public auction conducted by a licensed auctioneer, without appraisal, of that which is not required by law to be destroyed and which is not harmful to the public.
B.(1) The personal property shall be exempt from sale if it was stolen or if the possessor of the property was not the owner and the owner did not know that the personal property was being used in the commission of the crime. If this exemption is applicable, the personal property shall not be released until such time as all applicable fees related to its seizure and storage are paid. An Internet service provider shall not be required to pay seizure or storage fees to secure the release of equipment leased to an offender.
(2) Property subject to forfeiture pursuant to the provisions of this Section shall be exempt from forfeiture when a spouse, co-owner, or interest holder in the property establishes by sworn affidavit executed before a notary public the following:
(a) That he had no knowledge of the commission of the criminal conduct and could not have reasonably known of the conduct.
(b) That he did not consent to the use of property in the commission of the criminal conduct.
(c) That he owns an interest in the property otherwise subject to forfeiture.
(3) The property of an Internet service provider shall be exempt from forfeiture.
(4) Intentionally falsifying information required by the provisions of Paragraph (2) of this Subsection shall subject the affiant to prosecution under the provisions of R.S. 14:125.
C. In addition, the personal property shall be exempt from sale if it is subject to a lien recorded prior to the date of the offense and if the applicable fees related to the property's seizure and storage are paid by a valid lien holder.
D. The proceeds of the public sale or public auction shall pay the costs of the public sale or public auction, court costs, and fees related to the seizure and storage of the personal property. Any proceeds remaining shall be distributed by the district attorney in the following manner:
(1) Sixty percent to the seizing agency or agencies in an equitable manner.
(2) Twenty percent to the prosecuting agency.
(3) Twenty percent to the criminal court fund of the parish in which the offender was prosecuted.
§539.1. Forfeited property related to certain sex crimes; exempt property; allocation of forfeited property
A. When personal property is forfeited under the provisions of R.S. 14:40.3 (Cyberstalking), R.S. 14:46.2 (Human trafficking), R.S. 14:46.3 (Trafficking of children for sexual purposes), R.S. 14:80 (Felony carnal knowledge of a juvenile), R.S. 14:81 (Indecent behavior with juveniles), R.S. 14:81.1 (Pornography involving juveniles), R.S. 14:81.2 (Molestation of a juvenile), R.S. 14:81.3 (Computer-aided solicitation of a minor), and R.S. 14:86 (Enticing persons into prostitution), the district attorney shall authorize a public sale or a public auction conducted by a licensed auctioneer, without appraisal, of that which is not required by law to be destroyed and which is not harmful to the public.
B.(1) The personal property shall be exempt from sale if it was stolen or if the possessor of the property was not the owner and the owner did not know that the personal property was being used in the commission of the crime. If this exemption is applicable, the personal property shall not be released until such time as all applicable fees related to its seizure and storage are paid. An Internet service provider shall not be required to pay seizure or storage fees to secure the release of equipment leased to an offender.
(2) Property subject to forfeiture pursuant to the provisions of this Section shall be exempt from forfeiture when a spouse, co-owner, or interest holder in the property establishes by sworn affidavit executed before a notary public the following:
(a) That he had no knowledge of the commission of the criminal conduct and could not have reasonably known of the conduct.
(b) That he did not consent to the use of property in the commission of the criminal conduct.
(c) That he owns an interest in the property otherwise subject to forfeiture.
(3) The property of an Internet service provider shall be exempt from forfeiture.
(4) Intentionally falsifying information required by the provisions of Paragraph (2) of this Subsection shall subject the affiant to prosecution under the provisions of R.S. 14:125.
C. In addition, the personal property shall be exempt from sale if it is subject to a lien recorded prior to the date of the offense and if the applicable fees related to the property's seizure and storage are paid by a valid lien holder.
D. The proceeds of the public sale or public auction shall pay the costs of the public sale or public auction, court costs, and fees related to the seizure and storage of the personal property. Any proceeds remaining shall be distributed by the district attorney in the following manner:
(1) Sixty percent to the seizing agency or agencies in an equitable manner.
(2) Twenty percent to the prosecuting agency.
(3) Twenty percent to the criminal court fund of the parish in which the offender was prosecuted.
