Md. Code Ann., Crim. Proc. § 12-312
Forfeiture of ownership interest in property
Effective Oct 1, 2016Added 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.State of Maryland
(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.
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.