Home Table of Contents

§ 13-503. Forfeiture of property or interest in property

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, § 13-503
§ 13-503. Forfeiture of property or interest in property
Currentness
Actual knowledge of property owner needed for forfeiture
(a) Property or an interest in property described in § 13-502(1) or (3) of this subtitle may not be forfeited if the owner establishes by a preponderance of the evidence that the violation of the human trafficking law was committed without the owner's actual knowledge.
Motor vehicles for transaction of business as a common carrier or for hire
(b)(1) A motor vehicle for hire in the transaction of business as a common carrier or a motor vehicle for hire may not be seized or forfeited under this subtitle unless it appears that the owner or other person in charge of the motor vehicle was a consenting party or privy to a violation of the human trafficking law.
(2) A motor vehicle may not be forfeited under this subtitle for an act or omission that the owner shows was committed or omitted by a person other than the owner while the person other than the owner possessed the motor vehicle in criminal violation of federal law or the law of any state.
Real property used as principal family residence
(c) Subject to subsection (d) of this section, real property used as the principal family residence may not be forfeited under this subtitle unless one of the owners of the real property was convicted of a violation of § 3-1102 or § 3-1103 of the Criminal Law Article or of an attempt or conspiracy to violate § 3-1102 or § 3-1103 of the Criminal Law Article.
Real property used as principal family residence by husband and wife as tenants by entirety
(d) Real property used as the principal family residence by a husband and wife and held by the husband and wife as tenants by the entirety may not be forfeited unless:
(1) the property was used in connection with a violation of § 3-1102 or § 3-1103 of the Criminal Law Article or with an attempt or a conspiracy to violate § 3-1102 or § 3-1103 of the Criminal Law Article; and
(2) both the husband and wife are convicted of a violation of § 3-1102 or § 3-1103 of the Criminal Law Article or of an attempt or conspiracy to violate § 3-1102 or § 3-1103 of the Criminal Law Article.

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, § 13-503, MD CRIM PROC § 13-503
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.
End of Document