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Current as of January 01, 2022 | Updated by FindLaw Staff
(a) On motion, the court shall order a person convicted of an offense under §§ 11-67.1-3, 11-67.1-4, or 11-67.1-5 to forfeit any interest in real or personal property that:
(1) Was used or intended to be used to commit or facilitate the commission of the offense; or
(2) Constitutes proceeds or was derived from proceeds that the person obtained, directly or indirectly, as a result of the offense.
(b) In a proceeding against real or personal property under this section, the person convicted of the offense may assert a defense that the forfeiture is manifestly disproportional to the seriousness of the offense. The person has the burden to establish the defense by a preponderance of the evidence.
(c) Proceeds from the public sale or auction of property forfeited under subsection (a) of this section must be distributed in the manner provided for the distribution of the proceeds of criminal forfeitures act pursuant to §§ 21-28-5.04.1 and 21-28-5.04.2.
Cite this article: FindLaw.com - Rhode Island General Laws Title 11. Criminal Offenses § 11-67.1-11. Forfeiture - last updated January 01, 2022 | https://codes.findlaw.com/ri/title-11-criminal-offenses/ri-gen-laws-sect-11-67-1-11/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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