Section 12-312 - Forfeiture of ownership interest in property. - Maryland Statutes

§ 12-312. Forfeiture of ownership interest in property.
 

(a)  Rebuttable presumption that property is subject to forfeiture.-  

(1) Except as provided in subsection (b) of this section, there is a rebuttable presumption that 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: 

(i) 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; 

(ii) the property was acquired by the person during the violation or within a reasonable time after the violation; and 

(iii) there was no other likely source for the property. 

(2) A claimant of the property has the burden of proof to rebut the presumption in paragraph (1) of this subsection. 

(b)  Exception - Property used as principal family residence.- 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)(1) of this section; or 

(2) the real property is covered by § 12-103(d)(2) of this title. 
 

[An. Code 1957, art. 27, § 297(l); 2001, ch. 10, § 2; 2002, ch. 213, § 6.]