1. Property shall not be forfeited as an instrumentality under this chapter to the extent that the amount or value of the property is grossly disproportionate to the severity of the offense.
criminal case

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Terms Used In Iowa Code 809A.12B

  • Instrumentality: means property otherwise lawful to possess that is used in or intended to be used in a public offense. See Iowa Code 809A.1
  • Proceeds: means property acquired directly or indirectly from, produced through, realized through, or caused by an act or omission and includes any property of any kind without reduction for expenses incurred for acquisition, maintenance, production, or any other purpose. See Iowa Code 809A.1
  • Property: means anything of value, and includes any interest in property, including any benefit, privilege, claim, or right with respect to anything of value, whether real or personal, tangible or intangible. See Iowa Code 809A.1
 2. Contraband and any proceeds obtained from the offense are not subject to proportionality review under this section.
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