[§663E-9]  Standard of proof; effect of
criminal drug convictions.  (a)  Proof of participation in the
illegal drug market in an action brought under this chapter shall be shown by
clear and convincing evidence.  Except as otherwise provided in this chapter,
other elements of the cause of action shall be shown by a preponderance of the
evidence. 



(b)  A person against whom recovery is sought
who has a final criminal conviction pursuant to section 712-1241, 712-1242,
712-1244, 712-1245, or 712-1240.5, 712-1240.6, or 712-1249.7 or the
Comprehensive Drug Abuse Prevention and Control Act of 1970, Public Law 91-513,
84 Stat. 1236 (21 U.S.C. §801 et seq.), arising out of an act or acts within
the meaning of the term "participate in the illegal drug market" is estopped
from denying participation in the illegal drug market.  Such a conviction
creates a rebuttable presumption that the person participated in the illegal
drug market during the two years preceding the date of an act giving rise to a
conviction.



(c)  The absence of a criminal drug conviction
of a person against whom recovery is sought does not bar an action against that
person under this chapter. [L 2004, c 44, pt of §13]



 



Note



 



  Section 712-1240.6 referred to in text is repealed.



 



Cross References



 



  Methamphetamine trafficking, see §§712‑1240.7 to 712‑1240.9.