Md. Code, Crim. Proc. § 12-312 : CRIMINAL PROCEDURE — FORFEITURE - CONTROLLED DANGEROUS SUBSTANCES VIOLATIONS — FORFEITURE PROCEEDINGS —312 - Forfeiture of ownership interest in property
(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.
(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.
Md. Code, CP § 12-312
Amended by 2016 Md. Laws, Ch. 658,Sec. 1, eff. 10/1/2016.
Amended by 2016 Md. Laws, Ch. 619,Sec. 1, eff. 10/1/2016.
Amended by 2016 Md. Laws, Ch. 5,Sec. 1, eff. 2/20/2016.