Home Table of Contents

§ 12-312. Forfeiture of ownership interest in property

West's Annotated Code of MarylandCriminal ProcedureEffective: October 1, 2016

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 12. Forfeiture--Controlled Dangerous Substances Violations (Refs & Annos)
Subtitle 3. Forfeiture Proceedings (Refs & Annos)
Effective: October 1, 2016
MD Code, Criminal Procedure, § 12-312
§ 12-312. Forfeiture of ownership interest in property
Burden of proof
(a) Except as provided in subsection (b) of this section, property or part of a property in which a person has an ownership interest is subject to forfeiture as proceeds, if the State establishes by clear and convincing evidence that:
(1) the person has violated §§ 5-602 through 5-609, §§ 5-612 through 5-614, § 5-617, § 5-618, or § 5-628 of the Criminal Law Article or has attempted or conspired to violate Title 5 of the Criminal Law Article;
(2) the property was acquired by the person during the violation or within a reasonable time after the violation; and
(3) there was no other likely source for the property.
Real property used as principal family residence
(b) Real property used as the principal family residence may not be forfeited under this section unless:
(1) an owner of the real property was convicted of a crime described under subsection (a) of this section; or
(2) the real property is covered by § 12-103(d)(2) of this title.

Credits

Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2002, c. 213, § 6, eff. Oct. 1, 2002; Acts 2016, c. 5, § 1, eff. Feb. 20, 2016; Acts 2016, c. 619, § 1, eff. Oct. 1, 2016; Acts 2016, c. 658, § 1, eff. Oct. 1, 2016; Acts 2016, c. 8, § 5.
Formerly Art. 27, § 297.
MD Code, Criminal Procedure, § 12-312, MD CRIM PROC § 12-312
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document