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Maryland Code, Criminal Procedure § 12-312

Current as of January 01, 2025 | Updated by Findlaw Staff

(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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Cite this article: FindLaw.com - Maryland Code, Criminal Procedure § 12-312 - last updated January 01, 2025 | https://codes.findlaw.com/md/criminal-procedure/md-code-crim-proc-sect-12-312/

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