Utah Code 77-11b-303. Proportionality of forfeiture
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(1)
Terms Used In Utah Code 77-11b-303
- Claimant: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
- Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 77-11b-101
- Proceeds: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
- Property: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
- Prosecuting attorney: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) A claimant‘s interest in property that is used to facilitate an offense may not be forfeited under any provision of state law if the forfeiture is substantially disproportionate to the use of the property in committing or facilitating an offense that is a violation of state law and the value of the property.
(1)(b) If property is used solely in a manner that is merely incidental and not instrumental to the commission or facilitation of an offense, a forfeiture of the property is not proportional.
(2)
(2)(a) In determining proportionality, the court shall consider:
(2)(a)(i) the offense subjecting the property to forfeiture under Subsection 77-11b-102(1);
(2)(a)(ii) what portion of the forfeiture, if any, is remedial in nature;
(2)(a)(iii) the gravity of the conduct for which the claimant is responsible in light of the offense; and
(2)(a)(iv) the value of the property.
(2)(b) If the court finds that the forfeiture is substantially disproportional to an offense for which the claimant is responsible, the court shall reduce or eliminate the forfeiture as the court finds appropriate.
(3) A prosecuting attorney has the burden of demonstrating that a forfeiture is proportional to the offense subjecting the property to forfeiture under Subsection 77-11b-102(1).
(4) In all cases, the court shall decide questions of proportionality.
(5) A forfeiture of any proceeds used to facilitate the commission of an offense that is a violation of federal or state law is proportional.