Under the innocent owner defense, the owner must prove they did not know or should not reasonably have known the property was used in criminal activity.

• A. Stolen
• B. Used in criminal activity
• C. In need of repair
• D. Contraband

Answer: (B)

The innocent owner defense is all about the owner’s knowledge of how the property is used in crime. To win this defense, the owner must show they did not know and should not have reasonably known that the property was being used for illegal activity. That means the crucial element is awareness of the property's role in the crime, not other aspects of the property's status or condition.

So the best choice is the one that reflects proving lack of knowledge about the property's use in criminal activity. The other options don’t fit because they focus on whether the property was stolen, whether it’s in need of repair, or whether it’s contraband, none of which directly address the owner’s knowledge of its criminal use.