18-5620. FORFEITURE REQUEST — REBUTTABLE PRESUMPTION. Property subject to criminal forfeiture under the provisions of this chapter shall not be ordered forfeited unless the attorney general or the appropriate prosecuting attorney has filed a separate allegation within the criminal proceeding seeking forfeiture of specific property as described in section 18-5612, Idaho Code. The attorney general or appropriate prosecuting attorney shall file, within fourteen (14) days of the filing of the criminal information or indictment, a separate part II forfeiture request and notice with the trial court.
There is a rebuttable presumption that any property of a person subject to the provisions of section 18-5612, Idaho Code, is subject to forfeiture under this chapter if the state of Idaho establishes by a preponderance of the evidence that:
(1) The property was acquired by a person during the period of the violation of either section 18-5609 (inducing a person under eighteen years of age into prostitution) or section 18-5602 (procurement), Idaho Code, or within a reasonable time after such violation; and
(2) There was no likely source for such property other than the violation of either section 18-5609 (inducing a person under eighteen years of age into prostitution) or section 18-5602 (procurement), Idaho Code.
History:
[18-5620, added 2013, ch. 249, sec. 3, p. 602.]
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