Criminal Offenses

CHAPTER 11-67.1
Uniform Act on Prevention of and Remedies for Human Trafficking

SECTION 11-67.1-11

§ 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.)