Kansas Statutes 60-4105. Property subject to forfeiture
Terms Used In Kansas Statutes 60-4105
- Contraband: means any property the possession of which is illegal. See Kansas Statutes 60-4102
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Facilitate: means any act or omission broadly construed to encompass any use or intended use of property which makes an act giving rise to forfeiture less difficult and laborious. See Kansas Statutes 60-4102
- Person: includes any individual or entity capable of holding a legal or beneficial interest in property. See Kansas Statutes 60-4102
- Proceeds: means anything of value, derived directly or indirectly from or realized through unlawful activity, including any monies used or intended to be used, or facilitate or intended to facilitate, the purchase, manufacture, cultivation, transportation, storage, distribution, sale, or possession of controlled substances or contraband. See Kansas Statutes 60-4102
- 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 Kansas Statutes 60-4102
- real property: include lands, tenements and hereditaments, and all rights to them and interest in them, equitable as well as legal. See Kansas Statutes 77-201
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
- Statute: A law passed by a legislature.
The following property is subject to forfeiture:
(a) Property described in a statute authorizing forfeiture;
(b) except as otherwise provided by law, all property, of every kind, including, but not limited to, cash and negotiable instruments and the whole of any lot or tract of land and any appurtenances or improvements to real property that is either:
(1) Furnished or intended to be furnished by any person in an exchange that constitutes conduct giving rise to forfeiture; or
(2) used or intended to be used in any manner to facilitate conduct giving rise to forfeiture, including, but not limited to, any electronic device, computer, computer system, computer network or any software or data owned by the defendant which is used during the commission of an offense listed in Kan. Stat. Ann. § 60-4104, and amendments thereto;
(c) all proceeds of any conduct giving rise to forfeiture;
(d) all property of every kind, including, but not limited to, cash and negotiable instruments derived from or realized through any proceeds which were obtained directly or indirectly from the commission of an offense listed in Kan. Stat. Ann. § 60-4104, and amendments thereto;
(e) all weapons possessed, used, or available for use in any manner to facilitate conduct giving rise to forfeiture;
(f) ownership or interest in real property that is a homestead, to the extent the homestead was acquired with proceeds from conduct giving rise to forfeiture;
(g) contraband, which shall be seized and summarily forfeited to the state without regard to the procedures set forth in this act;
(h) all controlled substances, raw materials, controlled substance analogs, counterfeit substances, or imitation controlled substances that have been manufactured, distributed, dispensed, possessed, or acquired in violation of the laws of this state; and
(i) any items bearing a counterfeit mark.