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§ 13-525. Presumption that property or interest in property subject to forfeiture

West's Annotated Code of MarylandCriminal ProcedureEffective: October 1, 2019

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 13. Other Forfeitures (Refs & Annos)
Subtitle 5. Violations of the Human Trafficking Law (Refs & Annos)
Effective: October 1, 2019
MD Code, Criminal Procedure, § 13-525
§ 13-525. Presumption that property or interest in property subject to forfeiture
Currentness
In general
(a)(1) Except as provided in subsection (b) of this section, there is a rebuttable presumption that 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:
(i) the person was convicted of violating § 3-1102 or § 3-1103 of the Criminal Law Article or attempting or conspiring to violate § 3-1102 or § 3-1103 of the Criminal Law Article;
(ii) the property was acquired by the person during the violation or within a reasonable time after the violation; and
(iii) there was no other likely source for the property.
(2) A claimant of the property has the burden of proof to rebut the presumption in paragraph (1) of this subsection.
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)(1)(i) of this section; or
(2) § 13-503(d) of this subtitle applies.

Credits

Added by Acts 2013, c. 636, § 1, eff. Oct. 1, 2013. Amended by Acts 2019, c. 21, § 2, eff. Oct. 1, 2019; Acts 2019, c. 22, § 2, eff. Oct. 1, 2019.
MD Code, Criminal Procedure, § 13-525, MD CRIM PROC § 13-525
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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