§ 12-312. Forfeiture of ownership interest in property.
(a) Rebuttable presumption that property is subject to forfeiture.-
(1) Except as provided in subsection (b) of this section, there is a rebuttable presumption that 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:
(i) 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;
(ii) the property was acquired by the person during the violation or within a reasonable time after the violation; and
(iii) there was no other likely source for the property.
(2) A claimant of the property has the burden of proof to rebut the presumption in paragraph (1) of this subsection.
(b) Exception - Property used as principal family residence.- 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)(1) of this section; or
(2) the real property is covered by § 12-103(d)(2) of this title.
§ 12-312. Forfeiture of ownership interest in property.
(a) Rebuttable presumption that property is subject to forfeiture.-
(1) Except as provided in subsection (b) of this section, there is a rebuttable presumption that 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:
(i) 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;
(ii) the property was acquired by the person during the violation or within a reasonable time after the violation; and
(iii) there was no other likely source for the property.
(2) A claimant of the property has the burden of proof to rebut the presumption in paragraph (1) of this subsection.
(b) Exception - Property used as principal family residence.- 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)(1) of this section; or
(2) the real property is covered by § 12-103(d)(2) of this title.
§ 12-312. Forfeiture of ownership interest in property.
(a) Rebuttable presumption that property is subject to forfeiture.-
(1) Except as provided in subsection (b) of this section, there is a rebuttable presumption that 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:
(i) 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;
(ii) the property was acquired by the person during the violation or within a reasonable time after the violation; and
(iii) there was no other likely source for the property.
(2) A claimant of the property has the burden of proof to rebut the presumption in paragraph (1) of this subsection.
(b) Exception - Property used as principal family residence.- 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)(1) of this section; or
(2) the real property is covered by § 12-103(d)(2) of this title.
