Counterfeit cigarettes possessed in violation of § 18.2-246.14 and cigarettes possessed in violation of § 58.1-1017 or 58.1-1017.1 shall be subject to seizure, forfeiture, and destruction or court-ordered assignment for use by a law-enforcement undercover operation by the Virginia Alcoholic Beverage Control Authority or any law-enforcement officer of the Commonwealth. However, any undercover operation that makes use of counterfeit cigarettes shall ensure that the counterfeit cigarettes remain under the control and command of law enforcement and shall not be distributed to a member of the general public who is not the subject of a criminal investigation. All fixtures, equipment, materials, and personal property used in substantial connection with (i) the sale or possession of counterfeit cigarettes in a knowing and intentional violation of Article 10 (§ 18.2-246.6 et seq.) of Chapter 6 of Title 18.2 or (ii) the sale or possession of cigarettes in a knowing and intentional violation of § 58.1-1017 or 58.1-1017.1 shall be subject to seizure and forfeiture according to the procedures contained in Chapter 22.1 (§ 19.2-386.1 et seq.), applied mutatis mutandis.
2004, c. 995; 2013, c. 627; 2014, cc. 422, 458; 2015, cc. 38, 730.
Structure Code of Virginia
Title 19.2 - Criminal Procedure
Chapter 22.2 - Miscellaneous Forfeiture Provisions
§ 19.2-386.15. Seizure of property used in connection with or derived from terrorism
§ 19.2-386.16. Forfeiture of motor vehicles used in commission of certain crimes
§ 19.2-386.17. Forfeitures for computer crimes
§ 19.2-386.18. Forfeiture of unlawful electronic communication devices
§ 19.2-386.19. Seizure of property used in connection with money laundering
§ 19.2-386.20. Forfeiture of cigarettes sold or attempted to be sold in an unlawful delivery sale
§ 19.2-386.21. Forfeiture of counterfeit and contraband cigarettes
§ 19.2-386.22. Seizure of property used in connection with or derived from illegal drug transactions
§ 19.2-386.23. Disposal of seized controlled substances, marijuana, and paraphernalia
§ 19.2-386.24. Destruction of seized controlled substances or marijuana prior to trial
§ 19.2-386.26. Seizure and forfeiture of drug paraphernalia
§ 19.2-386.27. Forfeiture of firearms carried in violation of Article 6.1 (§ 18.2-307.1 et seq.)
§ 19.2-386.29. Forfeiture of certain weapons used in commission of criminal offense
§ 19.2-386.32. Seizure and forfeiture of property used in connection with the abduction of children
§ 19.2-386.33. Forfeiture of money, etc., derived from violation of §§ 2.2-3103 through 2.2-3112
§ 19.2-386.34. Forfeiture of vehicle used in a felony violation of § 18.2-266
§ 19.2-386.35. Seizure of property used in connection with certain offenses