Criminal Forfeiture Act
Model Legislation
April 22, 2016

100:1 Definitions. As used in this chapter, the terms defined in this section have the following meanings:
I. “Abandoned property” means personal property left by an owner who intentionally relinquishes all
rights to its control. Real property may not be abandoned.
II. “Actual knowledge” means direct and clear awareness of information, a fact, or a condition.
III. “Contraband” means goods that are unlawful to import, export, or possess, including scheduled
drugs without a valid prescription.
IV. “Constructive knowledge” means knowledge that is imputed to family or household members of the
defendant if, three or more times for the same or similar offense, as specified in statute, in the ten years
prior to the alleged offense, the defendant admitted guilt or was adjudicated guilty.
V. “Conveyance” means a device used for transportation and includes a motor vehicle, trailer,
snowmobile, airplane, and vessel, and any equipment attached to it. The term does not include property
that is stolen or taken in violation of the law.
VI. “Instrumentality” means property otherwise lawful to possess that is used in the furtherance or
commission of an offense of a law subject to forfeiture. An “instrumentality” includes land, buildings, a
container, a conveyance, equipment, materials, products, a tool, a computer, computer software, a
telecommunications device, a firearm or ammunition.
VII. “Law enforcement agency” means any non-federal police force, or other local, county, or state
agency that has the authority under state law to engage in seizure and forfeiture.
VIII. “Law subject to forfeiture” means a state law that carries a felony penalty and that explicitly
includes forfeiture as a punishment or sanction for the offense.
IX. “Proceeds” means money, securities, negotiable instruments or other means of exchange obtained
by the sale of property.
100:2 Purpose. This chapter’s purpose is to:
I. Deter criminal activity by reducing its economic incentives;
II. Increase the pecuniary loss from criminal activity;
III. Protect against the wrongful forfeiture of property; and
IV. Ensure that only criminal forfeiture is allowed in this state.
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