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Code · Maryland · Criminal Procedure

§ 12-312

159 words·~1 min read·/md/criminal-procedure/12-312

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§12–312.
(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.
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