Ohio Code 2981.09 – Forfeiture of property as instrumentality where value disproportionate
(A) Property may not be forfeited as an instrumentality under this chapter to the extent that the amount or value of the property is disproportionate to the severity of the offense. The state or political subdivision shall have the burden of going forward with the evidence and the burden to prove by clear and convincing evidence that the amount or value of the property subject to forfeiture is proportionate to the severity of the offense.
Terms Used In Ohio Code 2981.09
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Instrumentality: means property otherwise lawful to possess that is used in or intended to be used in an offense. See Ohio Code 2981.01
- offense: includes the commission of a delinquent act. See Ohio Code 2981.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Proceeds: means both of the following:
(a) In cases involving unlawful goods, services, or activities, "proceeds" means any property derived directly or indirectly from an offense. See Ohio Code 2981.01
- Property: means "property" as defined in section 2901. See Ohio Code 2981.01
- Property subject to forfeiture: includes contraband and proceeds and may include instrumentalities as provided in this chapter. See Ohio Code 2981.01
- state: means the state of Ohio. See Ohio Code 1.59
(B) Contraband and any proceeds obtained from the offense are not subject to proportionality review under this section.
(C) In determining the severity of the offense for purposes of forfeiture of an instrumentality, the court shall consider all relevant factors including, but not limited to, the following:
(1) The seriousness of the offense and its impact on the community, including the duration of the activity and the harm caused or intended by the person whose property is subject to forfeiture;
(2) The extent to which the person whose property is subject to forfeiture participated in the offense;
(3) Whether the offense was completed or attempted;
(4) The extent to which the property was used in committing the offense;
(5) The sentence imposed for committing the offense that is the basis of the forfeiture, if applicable.
(D) In determining the value of the property that is an instrumentality and that is subject to forfeiture, the court shall consider relevant factors including, but not limited to, the following:
(1) The fair market value of the property;
(2) The value of the property to the person whose property is subject to forfeiture, including hardship to the person or to innocent persons if the property were forfeited. The burden shall be on the person whose property is subject to forfeiture to show the value of the property to that person and any hardship to that person.