1. (1) The court shall enter judgment to the extent that the property is proceeds of the crime of conviction or of past prohibited conduct that is similar to the crime of conviction.

2. (2) With respect to property that is an instrumentality of the crime of conviction or of past prohibited conduct that is similar to the crime of conviction, the court shall consider:

   1. (a) Whether the property constitutes the defendant’s lawful livelihood or means of earning a living.
   2. (b) Whether the property is the defendant’s residence.
   3. (c) The degree of relationship between the property and the prohibited conduct, including the extent to which the property facilitated the prohibited conduct or could facilitate future prohibited conduct.
   4. (d) The monetary value of the property in relation to the risk of injury to the public from the prohibited conduct.
   5. (e) The monetary value of the property in relation to the actual injury to the public from the prohibited conduct.

   6. (f) The monetary value of the property in relation to objective measures of the potential or actual criminal culpability of the person or persons engaging in the prohibited conduct, including:

      1. (A) The inherent gravity of the prohibited conduct;
      2. (B) The potential sentence for similar prohibited conduct under Oregon law;
      3. (C) The defendant’s prior criminal history; and
      4. (D) The sentence actually imposed on the defendant.
   7. (g) Any additional relevant evidence.

[2005 c.830 §13]