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Idaho Statutes Title 18. Crimes and Punishments § 18-8611. Property subject to forfeiture

Current as of January 01, 2024 | Updated by Findlaw Staff

(1) Any person who is found guilty of, who enters a plea of guilty for, or who is convicted of a violation of section 18-8607, 18-8608, 18-8609, or 18-8610, Idaho Code, no matter the form of the judgment or order withholding judgment, shall forfeit to the state of Idaho:

(a) Any property constituting, or derived from, any proceeds the person obtained directly or indirectly as the result of such violation; and

(b) Any of the person's property used, or intended to be used, in any manner or part to commit or to facilitate the commission of such violation.

(2) The court, in imposing a sentence on such person as described in subsection (1) of this section, shall order, in addition to any other sentence imposed, that the person forfeit to the state of Idaho all property described in this section. The provisions of this chapter shall not be construed in any manner to prevent the state of Idaho, the attorney general, or the appropriate prosecuting attorney from requesting restitution pursuant to section 19-5304, Idaho Code. The issue of criminal forfeiture shall be for the court alone, without submission to a jury, as a part of the sentencing procedure within the criminal action.

(3) With respect to property ordered forfeited under the provisions of this chapter, the attorney general or appropriate prosecuting attorney is authorized to:

(a) Restore forfeited property to victims of a violation of relevant provisions of this chapter or take any other action to protect the rights of innocent persons that is in the interest of justice and that is not inconsistent with the provisions of this chapter;

(b) Compromise claims arising under this chapter;

(c) Award compensation to persons providing information resulting in a forfeiture under this chapter; and

(d) Take appropriate measures necessary to safeguard and maintain property ordered forfeited under this chapter pending its disposition.

(4) Property subject to criminal forfeiture under this chapter includes:

(a) Real property, including things growing on, affixed to, or found on the land; and

(b) Tangible and intangible personal property, including rights, privileges, interests, claims, and securities.

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Cite this article: FindLaw.com - Idaho Statutes Title 18. Crimes and Punishments § 18-8611. Property subject to forfeiture - last updated January 01, 2024 | https://codes.findlaw.com/id/title-18-crimes-and-punishments/id-st-sect-18-8611/

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