§ 11-67.1-11. Forfeiture. (a) On motion, the court shall order a person convicted of an offense under §§ 11-67.1-3, 11-67.1-4, or 11-67.1-5 to forfeit any interest in real or personal property that:
(1) Was used or intended to be used to commit or facilitate the commission of the offense; or
(2) Constitutes proceeds or was derived from proceeds that the person obtained, directly or indirectly, as a result of the offense.
(b) In a proceeding against real or personal property under this section, the person convicted of the offense may assert a defense that the forfeiture is manifestly disproportional to the seriousness of the offense. The person has the burden to establish the defense by a preponderance of the evidence.
(c) Proceeds from the public sale or auction of property forfeited under subsection (a) of this section must be distributed in the manner provided for the distribution of the proceeds of criminal forfeitures act pursuant to §§ 21-28-5.04.1 and 21-28-5.04.2.
History of Section. (P.L. 2017, ch. 232, § 2; P.L. 2017, ch. 260, § 2.)
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal insurance products you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with access to legal services through a network of provider law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our provider law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your provider law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal insurance products, and access to the LegalFix network of provider law firms are subject to the LegalFix Terms of Service and Privacy Policy.
