Terms Used In Maryland Code, CRIMINAL PROCEDURE 13-503

  • 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.
  • Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • state: means :

    (1) a state, possession, territory, or commonwealth of the United States; or

    (2) the District of Columbia. See
(a) Property or an interest in property described in § 13-502(1) or (3) of this subtitle may not be forfeited if the owner establishes by a preponderance of the evidence that the violation of the human trafficking law was committed without the owner’s actual knowledge.

(b) (1) A motor vehicle for hire in the transaction of business as a common carrier or a motor vehicle for hire may not be seized or forfeited under this subtitle unless it appears that the owner or other person in charge of the motor vehicle was a consenting party or privy to a violation of the human trafficking law.

(2) A motor vehicle may not be forfeited under this subtitle for an act or omission that the owner shows was committed or omitted by a person other than the owner while the person other than the owner possessed the motor vehicle in criminal violation of federal law or the law of any state.

(c) Subject to subsection (d) of this section, real property used as the principal family residence may not be forfeited under this subtitle unless one of the owners of the real property was convicted of a violation of § 3-1102 or § 3-1103 of the Criminal Law Article or of an attempt or conspiracy to violate § 3-1102 or § 3-1103 of the Criminal Law Article.

(d) Real property used as the principal family residence by a husband and wife and held by the husband and wife as tenants by the entirety may not be forfeited unless:

(1) the property was used in connection with a violation of § 3-1102 or § 3-1103 of the Criminal Law Article or with an attempt or a conspiracy to violate § 3-1102 or § 3-1103 of the Criminal Law Article; and

(2) both the husband and wife are convicted of a violation of § 3-1102 or § 3-1103 of the Criminal Law Article or of an attempt or conspiracy to violate § 3-1102 or § 3-1103 of the Criminal Law Article.