{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-386.8.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-386.8.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-386.8.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-386.8.html"}],"law_id":74751,"edition_id":1,"section_id":74751,"structure_id":14527,"section_number":"19.2-386.8","catch_line":"Exemptions","history":"1989, c. 690; 2005, c. 883.","full_text":"The following exemptions shall apply to property otherwise subject to forfeiture:\n\n1\n\nNo conveyance used by any person as a lawfully certified common carrier in the transaction of business as a common carrier may be forfeited under the provisions of this section unless the owner of the conveyance was a consenting party or privy to the conduct giving rise to forfeiture or knew or had reason to know of it.2\n\nNo conveyance may be forfeited under the provisions of this section for any conduct committed by a person other than the owner while the conveyance was unlawfully in the possession of a person other than the owner in violation of the criminal laws of this Commonwealth, or any other state, the District of Columbia, the United States or any territory thereof.3\n\nNo owner’s interest may be forfeited under this chapter if the court finds that:\n\t\t\ta. He did not know and had no reason to know of the conduct giving rise to forfeiture;\n\t\t\tb. He was a bona fide purchaser for value without notice;\n\t\t\tc. The conduct giving rise to forfeiture occurred without his connivance or consent, express or implied; or\n\t\t\td. The conduct giving rise to forfeiture was committed by a tenant of a residential or commercial property owned by a landlord, and the landlord did not know or have reason to know of the tenant’s conduct.4\n\nNo lien holder’s interest may be forfeited under this chapter if the court finds that:\n\t\t\ta. The lien holder did not know of the conduct giving rise to forfeiture at the time the lien was granted;\n\t\t\tb. The lien holder held a bona fide lien on the property subject to forfeiture and had perfected the same in the manner prescribed by law prior to seizure of the property; and\n\t\t\tc. The conduct giving rise to forfeiture occurred without his connivance or consent, express or implied.\n\t\t\tIn the event the interest has been sold to a bona fide purchaser for value in order to avoid the provisions of this chapter, the Commonwealth shall have a right of action against the seller of the property for the proceeds of the sale.","order_by":null,"text":{"0":{"id":268643,"text":"The following exemptions shall apply to property otherwise subject to forfeiture:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":268644,"text":"No conveyance used by any person as a lawfully certified common carrier in the transaction of business as a common carrier may be forfeited under the provisions of this section unless the owner of the conveyance was a consenting party or privy to the conduct giving rise to forfeiture or knew or had reason to know of it.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":268645,"text":"No conveyance may be forfeited under the provisions of this section for any conduct committed by a person other than the owner while the conveyance was unlawfully in the possession of a person other than the owner in violation of the criminal laws of this Commonwealth, or any other state, the District of Columbia, the United States or any territory thereof.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":268646,"text":"No owner’s interest may be forfeited under this chapter if the court finds that:\n\t\t\ta. He did not know and had no reason to know of the conduct giving rise to forfeiture;\n\t\t\tb. He was a bona fide purchaser for value without notice;\n\t\t\tc. The conduct giving rise to forfeiture occurred without his connivance or consent, express or implied; or\n\t\t\td. The conduct giving rise to forfeiture was committed by a tenant of a residential or commercial property owned by a landlord, and the landlord did not know or have reason to know of the tenant’s conduct.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":268647,"text":"No lien holder’s interest may be forfeited under this chapter if the court finds that:\n\t\t\ta. The lien holder did not know of the conduct giving rise to forfeiture at the time the lien was granted;\n\t\t\tb. The lien holder held a bona fide lien on the property subject to forfeiture and had perfected the same in the manner prescribed by law prior to seizure of the property; and\n\t\t\tc. The conduct giving rise to forfeiture occurred without his connivance or consent, express or implied.\n\t\t\tIn the event the interest has been sold to a bona fide purchaser for value in order to avoid the provisions of this chapter, the Commonwealth shall have a right of action against the seller of the property for the proceeds of the sale.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3"}},"ancestry":[{"id":14527,"edition_id":1,"name":"Enforcement of Forfeitures","identifier":"22.1","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:48:31","date_modified":"2026-06-26 03:48:31","permalink":{"id":170253,"object_type":"structure","relational_id":14527,"identifier":"22.1","token":"19.2\/22.1","url":"\/19.2\/22.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":68052,"structure_id":14527,"section_number":"19.2-386.1","catch_line":"Commencing an action of forfeiture","url":"\/19.2-386.1\/","token":"19.2\/22.1\/19.2-386.1","metadata":false},{"id":57102,"structure_id":14527,"section_number":"19.2-386.10","catch_line":"Forfeiture; default judgment; remission; trial","url":"\/19.2-386.10\/","token":"19.2\/22.1\/19.2-386.10","metadata":false},{"id":85905,"structure_id":14527,"section_number":"19.2-386.11","catch_line":"Judgment of condemnation; destruction","url":"\/19.2-386.11\/","token":"19.2\/22.1\/19.2-386.11","metadata":false},{"id":77782,"structure_id":14527,"section_number":"19.2-386.12","catch_line":"Sale of forfeited property","url":"\/19.2-386.12\/","token":"19.2\/22.1\/19.2-386.12","metadata":false},{"id":68893,"structure_id":14527,"section_number":"19.2-386.13","catch_line":"Writ of error and supersedeas","url":"\/19.2-386.13\/","token":"19.2\/22.1\/19.2-386.13","metadata":false},{"id":84497,"structure_id":14527,"section_number":"19.2-386.14","catch_line":"Sharing of forfeited assets","url":"\/19.2-386.14\/","token":"19.2\/22.1\/19.2-386.14","metadata":false},{"id":56604,"structure_id":14527,"section_number":"19.2-386.2","catch_line":"Seizure of named property","url":"\/19.2-386.2\/","token":"19.2\/22.1\/19.2-386.2","metadata":false},{"id":68967,"structure_id":14527,"section_number":"19.2-386.2:1","catch_line":"Notice to Commissioner of Department of Motor Vehicles; duties of Commissioner","url":"\/19.2-386.2_1\/","token":"19.2\/22.1\/19.2-386.2_1","metadata":false},{"id":65160,"structure_id":14527,"section_number":"19.2-386.3","catch_line":"Notice of seizure for forfeiture and notice of motion for judgment","url":"\/19.2-386.3\/","token":"19.2\/22.1\/19.2-386.3","metadata":false},{"id":70609,"structure_id":14527,"section_number":"19.2-386.4","catch_line":"Records and handling of seized property","url":"\/19.2-386.4\/","token":"19.2\/22.1\/19.2-386.4","metadata":false},{"id":70554,"structure_id":14527,"section_number":"19.2-386.5","catch_line":"Release of seized property","url":"\/19.2-386.5\/","token":"19.2\/22.1\/19.2-386.5","metadata":false},{"id":81018,"structure_id":14527,"section_number":"19.2-386.6","catch_line":"Bond to secure possession","url":"\/19.2-386.6\/","token":"19.2\/22.1\/19.2-386.6","metadata":false},{"id":79713,"structure_id":14527,"section_number":"19.2-386.7","catch_line":"Sale of property liable to deterioration","url":"\/19.2-386.7\/","token":"19.2\/22.1\/19.2-386.7","metadata":false},{"id":74751,"structure_id":14527,"section_number":"19.2-386.8","catch_line":"Exemptions","url":"\/19.2-386.8\/","token":"19.2\/22.1\/19.2-386.8","metadata":false},{"id":55965,"structure_id":14527,"section_number":"19.2-386.9","catch_line":"Appearance by owner or lien holder","url":"\/19.2-386.9\/","token":"19.2\/22.1\/19.2-386.9","metadata":false}],"previous_section":{"id":79713,"structure_id":14527,"section_number":"19.2-386.7","catch_line":"Sale of property liable to deterioration","url":"\/19.2-386.7\/","token":"19.2\/22.1\/19.2-386.7","metadata":false},"next_section":{"id":55965,"structure_id":14527,"section_number":"19.2-386.9","catch_line":"Appearance by owner or lien holder","url":"\/19.2-386.9\/","token":"19.2\/22.1\/19.2-386.9","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-386.8\/","history_text":"

This law was first created in 1989. The record of its establishment is cataloged in chapter 690 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1989 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2005, chapter 883<\/a>.<\/p>","references":[{"id":57102,"section_number":"19.2-386.10","catch_line":"Forfeiture; default judgment; remission; trial","order_by":null,"url":"\/19.2-386.10\/"},{"id":77904,"section_number":"19.2-386.26","catch_line":"Seizure and forfeiture of drug paraphernalia","order_by":null,"url":"\/19.2-386.26\/"},{"id":65160,"section_number":"19.2-386.3","catch_line":"Notice of seizure for forfeiture and notice of motion for judgment","order_by":null,"url":"\/19.2-386.3\/"},{"id":70554,"section_number":"19.2-386.5","catch_line":"Release of seized property","order_by":null,"url":"\/19.2-386.5\/"}],"refers_to":false,"permalink":{"id":170307,"object_type":"law","relational_id":74751,"identifier":"19.2-386.8","token":"19.2\/22.1\/19.2-386.8","url":"\/19.2-386.8\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-386.8\/","token":"19.2\/22.1\/19.2-386.8","dublin_core":{"Title":"Exemptions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-386.8","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The following exemptions shall apply to property otherwise subject to forfeiture:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> No conveyance used by any person as a lawfully certified common carrier in the transaction of business as a common carrier may be forfeited under the provisions of this section unless the owner of the conveyance was a consenting party<\/span> or privy to the conduct giving rise to forfeiture or knew or had reason to know of it. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> No conveyance may be forfeited under the provisions of this section for any conduct committed by a person other than the owner while the conveyance was unlawfully in the possession<\/span> of a person other than the owner in violation of the criminal laws<\/span> of this Commonwealth, or any other state, the District of Columbia, the United States or any territory thereof. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> No owner’s interest may be forfeited under this chapter if the court<\/span> finds that:\n\t\t\ta. He did not know and had no reason to know of the conduct giving rise to forfeiture;\n\t\t\tb. He was a bona fide purchaser for value without notice;\n\t\t\tc. The conduct giving rise to forfeiture occurred without his connivance or consent, express or implied; or\n\t\t\td. The conduct giving rise to forfeiture was committed by a tenant of a residential or commercial property owned by a landlord, and the landlord did not know or have reason to know of the tenant’s conduct. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> No lien<\/span> holder’s interest may be forfeited under this chapter if the court<\/span> finds that:\n\t\t\ta. The lien<\/span> holder did not know of the conduct giving rise to forfeiture at the time the lien<\/span> was granted;\n\t\t\tb. The lien<\/span> holder held a bona fide lien<\/span> on the property subject to forfeiture and had perfected the same in the manner prescribed by law<\/span> prior to seizure of the property; and\n\t\t\tc. The conduct giving rise to forfeiture occurred without his connivance or consent, express or implied.\n\t\t\tIn the event the interest has been sold to a bona fide purchaser for value in order<\/span> to avoid the provisions of this chapter, the Commonwealth shall have a right of action against the seller of the property for the proceeds of the sale. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXEMPTIONS (\u00a7 19.2-386.8)\n\nThe following exemptions shall apply to property otherwise subject to\nforfeiture:\n\n1. No conveyance used by any person as a lawfully certified common carrier in\nthe transaction of business as a common carrier may be forfeited under the\nprovisions of this section unless the owner of the conveyance was a consenting\nparty or privy to the conduct giving rise to forfeiture or knew or had reason to\nknow of it.\n\n2. No conveyance may be forfeited under the provisions of this section for any\nconduct committed by a person other than the owner while the conveyance was\nunlawfully in the possession of a person other than the owner in violation of\nthe criminal laws of this Commonwealth, or any other state, the District of\nColumbia, the United States or any territory thereof.\n\n3. No owner’s interest may be forfeited under this chapter if the court\nfinds that:\n\t\t\ta. He did not know and had no reason to know of the conduct giving rise to\nforfeiture;\n\t\t\tb. He was a bona fide purchaser for value without notice;\n\t\t\tc. The conduct giving rise to forfeiture occurred without his connivance or\nconsent, express or implied; or\n\t\t\td. The conduct giving rise to forfeiture was committed by a tenant of a\nresidential or commercial property owned by a landlord, and the landlord did not\nknow or have reason to know of the tenant’s conduct.\n\n4. No lien holder’s interest may be forfeited under this chapter if the\ncourt finds that:\n\t\t\ta. The lien holder did not know of the conduct giving rise to forfeiture at\nthe time the lien was granted;\n\t\t\tb. The lien holder held a bona fide lien on the property subject to\nforfeiture and had perfected the same in the manner prescribed by law prior to\nseizure of the property; and\n\t\t\tc. The conduct giving rise to forfeiture occurred without his connivance or\nconsent, express or implied.\n\t\t\tIn the event the interest has been sold to a bona fide purchaser for value in\norder to avoid the provisions of this chapter, the Commonwealth shall have a\nright of action against the seller of the property for the proceeds of the sale.\n\nHISTORY: 1989, c. 690; 2005, c. 883.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}